Should I sue the landlord AND the prop mgmt co. for a small claims deposit dispute

[sjhalani]

CA

A lady I lived with was the landlord of the complex that we lived it (I found her on Craigslist- she was renting out a room in the unit that she lived in). It has been over 9 mths since I moved out but she hasn't returned me my deposit despite repeated requests (written letter, texts and in person). I did not sign a formal lease but I have copies of my rent checks and the deposit check that I paid to her. I also sent her the letter via certified mail. We had an informal rental agreement in an email attachment form that lists the terms and amounts of deposit and monthly rent. The Property Management company that she works for (I contacted them by phone to get them to intervene) did try to help me by pressuring their employee to pay up but ultimately gave up. My agreement was with her, but she is their agent acting in bad faith and keeps delaying payment. Should I sue the property management company as well as her? Any advice would be appreciated. Thank you!

 

[justalayman]

but she is their agent acting in bad faith and keeps delaying payment.

how is she their agent in your relationship with her? You had no contract with the agency so they are not a party to this issue.

 

[sandyclaus]

CA

A lady I lived with was the landlord of the complex that we lived it (I found her on Craigslist- she was renting out a room in the unit that she lived in). It has been over 9 mths since I moved out but she hasn't returned me my deposit despite repeated requests (written letter, texts and in person). I did not sign a formal lease but I have copies of my rent checks and the deposit check that I paid to her. I also sent her the letter via certified mail. We had an informal rental agreement in an email attachment form that lists the terms and amounts of deposit and monthly rent. The Property Management company that she works for (I contacted them by phone to get them to intervene) did try to help me by pressuring their employee to pay up but ultimately gave up. My agreement was with her, but she is their agent acting in bad faith and keeps delaying payment. Should I sue the property management company as well as her? Any advice would be appreciated. Thank you!

If you rented a room from the manager, your only relationship to her was that of LL (her) and tenant (you). She essentially sublet a room in her own apartment to you. You did not rent from the complex itself, nor do you have any kind of business relationship with the property management company other than the fact that your LL just happens to be employed by them. The PM company is NOT a party to your rental agreement, and they are not liable to you in any way.

If you are going to sue anyone, the only person to sue would be your LL, the manager. When suing, be sure to indicate on your complaint that you are seeking the 2x deposit penalty for bad faith in withholding your security deposit. When you go to court, be sure to bring all evidence of the rental agreement, copies of the deposit check (front AND back), and copies of all correspondence to her regarding the return of the security deposit (including the certified mail receipt that shows she received the letter you sent - you DID ask for a return receipt, right?).

 

[Banned_Princess]

I agree you have a bad faith claim against the person you gave the security dep and rent to.