1084 – Move-Out Clearance Report – Owner Rent Acknowledgment and False Damage Billing

Move-Out Clearance Report filed by owner Phat Tran listing $5,000 rent and false charges

This Move-Out / Clearance Report, signed and filed by Phat Tran through Berkshire Hathaway HomeServices California Properties, documents the final accounting for 19235 Brynn Ct, Huntington Beach. The form acknowledges the monthly rent at $5,000 — contradicting the $5,350 or $5,500 alleged in the false lease renewal. It also includes improper post-tenancy billing for remodel expenses disguised as tenant “damages.”

Document Highlights

Rent amount acknowledged: $5,000/month (matches verified payment history).
Security deposits credited: $6,375 total ($5,000 + $1,375 pet deposit).
False charges claimed: $7,835 for “carpet replacement due to dog pee,” and $250 for a lock replacement.
No signed inspection: no tenant sign-off, no walkthrough dates, and no management authorization.
Attorney fees fabricated: $2,005 added despite no lawful judgment or attorney invoice.

Fraud Indicators

Postdated “damage invoice” from Ly Construction (Exhibit 1087) was attached to justify the $7,835 line item — proving remodeling, not repair, and confirming a fraudulent bill.
No photographic evidence, inspection notes, or City compliance reports accompany the claim, violating Cal. Civ. Code §1950.5(f)-(g).
The same form was used to inflate totals for legal advantage while suppressing credits owed to the tenant.
Mathematically inconsistent with actual rent paid through May 2024.

Legal Relevance

This document constitutes a judicial admission of the true rent rate and an exculpatory record disproving claims of nonpayment. The “charges” were manufactured after eviction and transmitted through Berkshire Hathaway channels, constituting mail fraud (18 U.S.C. §1341) and wire fraud (18 U.S.C. §1343).

Corroborating Exhibits

1083 – Owner Rent Admission: Same rent figure appears on companion charge sheet.
1087 – Ly Construction Invoice: Post-eviction remodel invoice tied to false “damage” claim.
1057 – 3-Day Notice: Rent claim inflated to $5,350 contradicting owner’s own written record here.

Conclusion

The clearance report undermines the eviction judgment and supports a finding of deliberate misrepresentation and conversion of security deposits in violation of Cal. Civ. Code §1950.5. It also demonstrates that Berkshire Hathaway’s document custody was misused to further false accounting.