Suing--Hows my case?

What is the name of your state? California

Hi, my name is Grace, Im an 18 year old college student.

I rented a room from a girl who originally said it was just going to be me and her living in the house. I lived there for two months of hell. She actually had a husband which she lied about, who lived there too! ( I did not agree to this). These people were actually hardcore alcoholics, the husband was a drug addict(coke and meth) and they would engage in huge violent domestic disputes. After two months I told the girl I needed to move out because I did not agree on living with him. (it was getting really uncomfortable living with a 33 year old guy). After our conversation she told me I could move out at the end of the week and that she would give me my 400$ security deposit even though as a tenant I should have given a 30 day notice. Well it turns out at the end of the week, the day i was planning on moving, the ****ing husband convinces her to make me stay the whole 30 days ( i know it was only for my money). I told her no and that it wasn't safe and that she broke our original contract and I had other living plans and so i moved out anyway. Well now, they obviously wont give me my security deposit. So I'm actually working on the paperwork for small claims. Im going to sue for 1200 dollars because after 21 days, she never gave me an itemized deduction in the mail, and so I will try to prove she acted in "bad faith" in refusing to return my security deposit. So basically, Is my case legitimate? How do you think it might work out in court? Is there anything I should do differently?

Thank you so much, I really appreciate your help!

Why would it be any different now than it was 2 weeks ago?

https://forum.freeadvice.com/showthread.php?t=402375

My computer is too slow, and I cant find my other post. I was just making sure.

I didnt know that you were the only guy who gives advice. Maybe I was hoping for a second opinion..

Can anyone else help?

qtpiegracie said:

I didnt know that you were the only guy who gives advice. Maybe I was hoping for a second opinion..

Can anyone else help?

Click to expand...

Post in your first thread.

Grace,

You have a very good case. First off, an emailed itemized statement isn't legal unless you agreed to it. It has to be sent through the mail within 3 weeks to the former tenant. Since it was a short stay they can charge for carpet cleaning and painting and any other damages including the final months rent.
BUT
She breached the contract and although I don't know what the lease says, I do have a few questions. Are there any police reports during your stay to show domestic violence was happening? You can still argue an unsafe living environment and that the landlord failed to provide a safe, quiet atmosphere. Police reports will help, but you can still argue the case and perhaps she will admit in court that there were fights.
I would sue for 3 times the amount of the deposit. $1,200
Look up tort laws, as they are wonderful and your burden of proof is less and it's more of reasonable assumption. I would also sue for moving expenses. Look up tenant laws. I know I read in there about tenants having the right to leave if it is an unsafe environment.

So I would sue for the actual deposit of $400 and I would sue for punative, moving expenses and the 3 times the deposit as allowed by law. When I've sued and wasn't sure exactly what the amounts were I would sue for the full $7,500 as allowed by law and let the judge deduct things from it.

I would expect a counter claim. If you are under income go to legal aide (ask the filing clerk where yours is) and the legal aide can file the papers for you and ask for a waiver so you don't have to pay the filing fees, which are cheap anyway for small claims. But if they file a counter go back to legal aide and have them file to have the defendants case dismissed and file a summary judgement. Good luck, you have a great case either way.

qtpiegracie said:

What is the name of your state? California

Hi, my name is Grace, Im an 18 year old college student.

I rented a room from a girl who originally said it was just going to be me and her living in the house. I lived there for two months of hell. She actually had a husband which she lied about, who lived there too! ( I did not agree to this). These people were actually hardcore alcoholics, the husband was a drug addict(coke and meth) and they would engage in huge violent domestic disputes. After two months I told the girl I needed to move out because I did not agree on living with him. (it was getting really uncomfortable living with a 33 year old guy). After our conversation she told me I could move out at the end of the week and that she would give me my 400$ security deposit even though as a tenant I should have given a 30 day notice. Well it turns out at the end of the week, the day i was planning on moving, the ****ing husband convinces her to make me stay the whole 30 days ( i know it was only for my money). I told her no and that it wasn't safe and that she broke our original contract and I had other living plans and so i moved out anyway. Well now, they obviously wont give me my security deposit. So I'm actually working on the paperwork for small claims. Im going to sue for 1200 dollars because after 21 days, she never gave me an itemized deduction in the mail, and so I will try to prove she acted in "bad faith" in refusing to return my security deposit. So basically, Is my case legitimate? How do you think it might work out in court? Is there anything I should do differently?

Thank you so much, I really appreciate your help!

Click to expand...