JohnnyR123
Junior Member
What is the name of your state (only U.S. law)?
California, Los Angeles County
I had been leasing/renting a home after opting not to continue an option to purchase after one year. I continued to lease/rent the home for 3 more years. I put down $3,500 as a security deposit. The contract stated the deposit could not be used as the last months rent.
The owner(s) husband and wife was represented by one of the 6 children (mike). One of the owners because incapacitated. And the children started fighting for control over the business and other assets. The landlord Mike, informed me he was losing control over the property and that I should look for another place. It was difficult to find another place and Make lost control over the property. A sibling took control (Karen) and sent me a letter stating they intended to sell the property and had a power of Attorney. I continued to pay the rent money to Mike because I was not presented with the power of Attorney not did Karen ask me to pay her rather than Mike. No problems there. I found a new place and moved out but asked Mike for permission to use part of the deposit as last months rent because I was worried about recovering the deposit. That left a balance of $1,250 in the deposit. When I vacated the property I had the real estate agent walk through the place and informed him that if they had any problems with the condition, I would take care of it. The place was left clean.
Mike replied to my request that the contract stated the deposit could not be used for the last months rent, but advised me that he would use it if he were me because Karen was evil. Karen used a real estate agent for dealing with me. I requested the refund of the deposit after one week of vacating the property. Karen requested a copy of the original contract identifying the deposit amount. ($3,500) I her with one. Karen then proceeded to request a copy of the deposit slip to the account which Mike made the deposit because she didn't know what account it was deposited to and said she Mike was not communicating with her. I requested it from Mike but I also told her it was not my place to provide her with such information and it has no affect on her refunding the deposit. I provided her with a copy of the deposit slip from Mike. Mike also informed me that she had all the financial records since her name was on the account.
Day 20 had come and I sent her a demand email letter identifying the California rules allowed her 21 days to refund the deposit. She responded that 21 days had not passed and would return the deposit as soon as she did a walk though. Day 21 passed I informed her she had forfeited the ability to make deductions and must return the deposit. She provided me with what she called a good faith list of items she would make deductions and refund the balance when she got an estimate from the handyman. All of the items she had listed were normal wear and tear or landscape cleaning. I told her I did not agree with any of the items she listed.
5 months have now pass and I was able to scape enough money since being laid off of work to pay the Small Claims Court cost.
Here is my questions. The amount I used was $3,500 rather than the $1,250 because this was the amount of the deposit. The $2,250 is the difference of the rent amount. Should I have specified damages, interest? Or will the Judge be the one to do that and if I have to then can I amend the amount?
California, Los Angeles County
I had been leasing/renting a home after opting not to continue an option to purchase after one year. I continued to lease/rent the home for 3 more years. I put down $3,500 as a security deposit. The contract stated the deposit could not be used as the last months rent.
The owner(s) husband and wife was represented by one of the 6 children (mike). One of the owners because incapacitated. And the children started fighting for control over the business and other assets. The landlord Mike, informed me he was losing control over the property and that I should look for another place. It was difficult to find another place and Make lost control over the property. A sibling took control (Karen) and sent me a letter stating they intended to sell the property and had a power of Attorney. I continued to pay the rent money to Mike because I was not presented with the power of Attorney not did Karen ask me to pay her rather than Mike. No problems there. I found a new place and moved out but asked Mike for permission to use part of the deposit as last months rent because I was worried about recovering the deposit. That left a balance of $1,250 in the deposit. When I vacated the property I had the real estate agent walk through the place and informed him that if they had any problems with the condition, I would take care of it. The place was left clean.
Mike replied to my request that the contract stated the deposit could not be used for the last months rent, but advised me that he would use it if he were me because Karen was evil. Karen used a real estate agent for dealing with me. I requested the refund of the deposit after one week of vacating the property. Karen requested a copy of the original contract identifying the deposit amount. ($3,500) I her with one. Karen then proceeded to request a copy of the deposit slip to the account which Mike made the deposit because she didn't know what account it was deposited to and said she Mike was not communicating with her. I requested it from Mike but I also told her it was not my place to provide her with such information and it has no affect on her refunding the deposit. I provided her with a copy of the deposit slip from Mike. Mike also informed me that she had all the financial records since her name was on the account.
Day 20 had come and I sent her a demand email letter identifying the California rules allowed her 21 days to refund the deposit. She responded that 21 days had not passed and would return the deposit as soon as she did a walk though. Day 21 passed I informed her she had forfeited the ability to make deductions and must return the deposit. She provided me with what she called a good faith list of items she would make deductions and refund the balance when she got an estimate from the handyman. All of the items she had listed were normal wear and tear or landscape cleaning. I told her I did not agree with any of the items she listed.
5 months have now pass and I was able to scape enough money since being laid off of work to pay the Small Claims Court cost.
Here is my questions. The amount I used was $3,500 rather than the $1,250 because this was the amount of the deposit. The $2,250 is the difference of the rent amount. Should I have specified damages, interest? Or will the Judge be the one to do that and if I have to then can I amend the amount?