What is the name of your state (only U.S. law)? California
What is the name of your state (only U.S. law)? California
Here are the facts for my problem:
* Rented a vacation home in Hawaii in Jan 2014 with security deposit of $1200
* Owner address on the contract is in Nevada
* I reside in California
* Contract states that security deposit is to be returned within 14 days after leaving (it is now over 80 days)
* After sending certified demand letter I found out the address on the contract is a UPS store box and not permanent address. I am not even sure if she lives in Nevada or Florida permanently.
* Owner is foreclosing on property in Hawaii
The rental unit was left 100% clean within the contract with zero damages. After contacting the owner by email and phone there was no response. Only after I send the demand letter in order to sue in small claims court did I receive a response that the owner is keeping the deposit due to "damages". Never was the damage list or costs of damages given within 30 days. There is no damage and she is unlawfully taking the deposit. I received this vague email after 71 days from the owner only after I sent the certified letter. I also found out while investigating that the owner is foreclosing on the Hawaii home.
My questions are:
1) What state do I sue the owner? Mine in CA? Hawaii where rental is located? The state which the owner resides (NV or FL)?
2) Can I serve the owner with a UPS store box even though it is not her personally?
3) Is there a legal way to find her permanent residential address from UPS or other documents?
4) Does a vacation rental fall under landlord tenant law? If not where can I find information?
I have a case and just want to know the process I need to follow in order to sue in small claims court.
Thanks!
What is the name of your state (only U.S. law)? California
Here are the facts for my problem:
* Rented a vacation home in Hawaii in Jan 2014 with security deposit of $1200
* Owner address on the contract is in Nevada
* I reside in California
* Contract states that security deposit is to be returned within 14 days after leaving (it is now over 80 days)
* After sending certified demand letter I found out the address on the contract is a UPS store box and not permanent address. I am not even sure if she lives in Nevada or Florida permanently.
* Owner is foreclosing on property in Hawaii
The rental unit was left 100% clean within the contract with zero damages. After contacting the owner by email and phone there was no response. Only after I send the demand letter in order to sue in small claims court did I receive a response that the owner is keeping the deposit due to "damages". Never was the damage list or costs of damages given within 30 days. There is no damage and she is unlawfully taking the deposit. I received this vague email after 71 days from the owner only after I sent the certified letter. I also found out while investigating that the owner is foreclosing on the Hawaii home.
My questions are:
1) What state do I sue the owner? Mine in CA? Hawaii where rental is located? The state which the owner resides (NV or FL)?
2) Can I serve the owner with a UPS store box even though it is not her personally?
3) Is there a legal way to find her permanent residential address from UPS or other documents?
4) Does a vacation rental fall under landlord tenant law? If not where can I find information?
I have a case and just want to know the process I need to follow in order to sue in small claims court.
Thanks!