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bad faith and security deposit

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reenzz

Member
Attorneys are not permitted in california small claims court. yes I could hire one to help me build my case. But seeing as I have all the evidence already. All I want to know is about bad faith in regards to holding the security deposit and how best to prove it. Or if what I have could potentially prove it.

Do you have written proof that you gave the landlord your forwarding address?
 


kmiecikm

Junior Member
Do you have written proof that you gave the landlord your forwarding address?
I have written proof in the form of the written civ code 1950.5, that if a landlord does not have a forwarding address that they are to send it to the last known address, (aka, that apt we rented from the landlord in question) if it up to the tenant to make sure that they get their mail forwarded thorugh a change of address through the post office, which i have proof we did, in the form of an e-mail confirming the forwarding request and through a letter sent by the post office again confirming the forwarding.

These aren't what is in question, If someone comes along and can tell me if the evidence i have can constitute as bad faith and if not, any idea why? what exactlyl do i have to do to prove bad faith, meaning how can one show that bad faith was infact used in not returning the sceurity deposit, or in this case why the landlord did not try to attempt to mail this "bill" saying we still owe a a large amount of money.

(if i was a landlord and thought i was justified in the charges i had to pay and that there was excess damage caused by a teanat i would not brush off $2400 as a loss. Thats like saying it is ok if someone doesn't pay month for the month and to not worry about it.
 

kmiecikm

Junior Member
Regarding the counter there was no water damage. The corner in question was located twe feet from the edge of the sink and was not near any pipes underneath. Unless you climbed under the counter you couldn't even see the corner. It was sunken 1/4 inch at best. And only spaned about 4 inches on one side. And about an inch and a half on the other side. It could have been fixed. And did not warrant replacing. It was grouted at the seam to the backsplash in stead of caulked as it should have been and the grout was not sealed properly, nor was it ever resealed ( which it should been as it was installed in 1976
( which I know because I found and contacted the first owner of this buliding and he stated and confirmed what the original counter looked like.
 

FarmerJ

Senior Member
You live in a very pro tenant state so I don't know what your county court Judges would do about a claim for a bad faith penalty but you are free in your initial filing to ask for it (since the LL was so late with the final disposition to you.)
 

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