Eddie, Long Beach, CA
So i was desperately looking for a place to stay and my dad told me his friend at work has a 1 bedroom small backhouse behind his house which he owns. I went there and did not like it, was too small. He wanted first months rent $680 + $400 deposit to move in. I did not want to do that so then he told my dad he would only charge me a deposit of $400 to move in, and he insisted I paid that to secure the apartment. So I did but I told him I would not have the money until the 20th of October which is today. He said fine and took the postdated check and made copies of it, and provided me a reciept. I then experienced some personal family issues and then decided to move in with my parents instead. Today I look at my account and he had deposited the $400 the same day on the 13th which I wrote it. I incurred over $175 of overdraft fees because of it, and I called my dad and he talked to him. He is saying that although he knew the check wasn't supposed to be cashed right away that his wife cashed it anyway through her bank. He told my dad that he is losing money by me not moving in, when before my dad had told me noone else wanted to move in which is why he asked me. He told my dad he will only give me $200 back and that he will not pay me my full deposit back $400 or any overdraft charges I was charged. My question is if he knew not to deposit the check until the 20th and did it anyway, and refuses to return my deposit of $400 which I never even moved into the house, can I take him to small claims court and ask for my lost money. I have the contract, and reciepts here with me. Please Let me know what I can do this is over $600 i've lost to this crook.
So i was desperately looking for a place to stay and my dad told me his friend at work has a 1 bedroom small backhouse behind his house which he owns. I went there and did not like it, was too small. He wanted first months rent $680 + $400 deposit to move in. I did not want to do that so then he told my dad he would only charge me a deposit of $400 to move in, and he insisted I paid that to secure the apartment. So I did but I told him I would not have the money until the 20th of October which is today. He said fine and took the postdated check and made copies of it, and provided me a reciept. I then experienced some personal family issues and then decided to move in with my parents instead. Today I look at my account and he had deposited the $400 the same day on the 13th which I wrote it. I incurred over $175 of overdraft fees because of it, and I called my dad and he talked to him. He is saying that although he knew the check wasn't supposed to be cashed right away that his wife cashed it anyway through her bank. He told my dad that he is losing money by me not moving in, when before my dad had told me noone else wanted to move in which is why he asked me. He told my dad he will only give me $200 back and that he will not pay me my full deposit back $400 or any overdraft charges I was charged. My question is if he knew not to deposit the check until the 20th and did it anyway, and refuses to return my deposit of $400 which I never even moved into the house, can I take him to small claims court and ask for my lost money. I have the contract, and reciepts here with me. Please Let me know what I can do this is over $600 i've lost to this crook.
