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Can I sue?

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qtpiegracie

Junior Member
My name is Grace, Im a college student in San Luis Obispo, California.

I found a roommate on Craigs list and moved in. Her name is Carla. We agreed that I didnt need to be on the lease and that i would just pay her rent and a 400$ security deposit. She has a "seperated" husband. The first time we met she said it would just be her living there.. and ocassionally her seperated husband Anthony would come over. That was fine with me. Except it turned out that they lied to me from the beginning and Anthony was actually living there full time. Both of them are hardcore alcoholics, and ocasionally anthony would come home on crack or meth. He even tried to touch me numerous times while he was high or drunk. So after two months of this ****, I told Carla I needed to move out. She told me I could move out by the end of the month and that she would give me the security deposit. So I made plans to move in with someone else. On the day that I planned to move out, she suddenly tells me I cant, and that I have to wait until next month. (the sudden change of mind was because of Anthony who is always trying to get money out of people.) I told her hell no, and that it was not safe for me to live here and I already made plans. I moved out anyway, and now they refuse to give me my security deposit. Is there some way I can sue them for fraud on top of getting my security deposit. Or should I just go to small claims court for the 400?
 


Zigner

Senior Member, Non-Attorney
My name is Grace, Im a college student in San Luis Obispo, California.

I found a roommate on Craigs list and moved in. Her name is Carla. We agreed that I didnt need to be on the lease and that i would just pay her rent and a 400$ security deposit. She has a "seperated" husband. The first time we met she said it would just be her living there.. and ocassionally her seperated husband Anthony would come over. That was fine with me. Except it turned out that they lied to me from the beginning and Anthony was actually living there full time. Both of them are hardcore alcoholics, and ocasionally anthony would come home on crack or meth. He even tried to touch me numerous times while he was high or drunk. So after two months of this ****, I told Carla I needed to move out. She told me I could move out by the end of the month and that she would give me the security deposit. So I made plans to move in with someone else. On the day that I planned to move out, she suddenly tells me I cant, and that I have to wait until next month. (the sudden change of mind was because of Anthony who is always trying to get money out of people.) I told her hell no, and that it was not safe for me to live here and I already made plans. I moved out anyway, and now they refuse to give me my security deposit. Is there some way I can sue them for fraud on top of getting my security deposit. Or should I just go to small claims court for the 400?
When did you leave?
The LL is required to send you an itemization of deductions. If it has been more than 25 days, you can sue for 3x the security deposit. It's not for "fraud" rather, it's because she didn't follow the LL/Tenant law on when to send out the itemization of charges.
 

qtpiegracie

Junior Member
the thing is .. Im not on the lease. I never went through the landlord. I thought she was a nice girl. These people told me I would only be living with her, except the whole thing was just to get money out of me.
 

Zigner

Senior Member, Non-Attorney
the thing is .. Im not on the lease. I never went through the landlord. I thought she was a nice girl. These people told me I would only be living with her, except the whole thing was just to get money out of me.
Rental agreements CAN be verbal...and that does NOT absolve the LL (Carla) from following the law as it relates to landlords.
 

qtpiegracie

Junior Member
ok. but I moved out before 30 days notice, because she agreed to let me. but then changed her mind at the last second
 

Zigner

Senior Member, Non-Attorney
ok. but I moved out before 30 days notice, because she agreed to let me. but then changed her mind at the last second

https://forum.freeadvice.com/showpost.php?p=1886979&postcount=2

EDIT: Did you pay rent on a monthly basis or was it more often? (ie: weekly)
 

qtpiegracie

Junior Member
The reason I left before 30days notice is because 1st: she told me I could. 2nd:I was concerned for my own safety.
 

qtpiegracie

Junior Member
I paid rent monthly. But she initially agreed to give me my security deposit and a comphensation for the rest of the month.
 

Zigner

Senior Member, Non-Attorney
Yes, through small claims court.
You should look at the following site: http://www.dca.ca.gov/publications/landlordbook/index.shtml
 

Zigner

Senior Member, Non-Attorney
If it has been more than 25 days, and she has not mailed you an itemization, sue her for 3x the security deposit...check that site I gave you - it should answer your questions.

Don't get hung up on the fact that you didn't have a written agreement. However, you CAN expect her to charge you at least through the time you should have stayed there if you had given a 30 day notice.
 

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