Judgement & Security Deposit

[danesera]

What is the name of your state (only U.S. law)? California
I am a landlord and won a judgement against tenant for unpaid rent & filing fees and evicition. The lock out was today. Civil Code Section 1950.5(b) states a landlord can use the security deposit for unpaid rent. My question:
If I won the judgement for $3329 (past due rent, holdover damages and costs) and he has not paid this to me, can I keep the security deposit ($1550)? I don't want to keep it if that is not legal and don't want to double dip but I just know he will never pay the judgement...and if I send him the security deposit, I have lost everything. Thank you.What is the name of your state (only U.S. law)?

 

[juber0]

Now that you have won the judgement try and collect. This is a vague law because it does not mention anything about judgements or in that matter anything legal. Could this law have been written just to say that if he doesn't pay the rent he loses it?

Try and go for the money first. If he still wont give it up (document it mind you), take him to small claims court and sue for the money. You could probabley introduce the security deposit question there.

 

[Gail in Georgia]

Keep the security deposit money, notify the former tenant of the status of the deposit, then look into such avenues as bank or wage garnishment for the remainder.

Sounds like you've already won the judgement on owed monies.

Gail

 

[treese]

Ditto Gail's post.

 

[danesera]

Thanks Gail, Juber and Treese

The problem with pursueing the judgement is that the ex-tenant doesn't work and he did not provide us any info where I can have wages garnished. I can only hope he will one day pay the judgement thru the court I guess. I am not sure how that really works and don't have money to pay a lawyer to help me. I think I will send him the letter advising him that the sec deposit has been kept to pay unpaid rent. Of course, we have to still evaluate the home for cleaning and such.

It is so not worth having rentals If you have further advise or information, please send it. I appreciate your help!

 

[JETX]

I am a landlord and won a judgement against tenant for unpaid rent & filing fees and evicition. The lock out was today. Civil Code Section 1950.5(b) states a landlord can use the security deposit for unpaid rent. My question:
If I won the judgement for $3329 (past due rent, holdover damages and costs) and he has not paid this to me, can I keep the security deposit ($1550)?

Absolutely. Be sure that you comply with the 21 day statement of deposit requirement and tell the tenant that the deposit is being applied to the unpaid rent and damages. Then make a demand for the unpaid balance ($3329 - $1550 = $1779).

 

[lilac28]

How easy is it to acquire bank or wage garnishment penalities? I am worried this may happen to me. She definetly doesn't deserve the money, though. If she doesn't know where I work, will she be able to find me?

 

[Baranov]

How easy is it to acquire bank or wage garnishment penalities? I am worried this may happen to me. She definetly doesn't deserve the money, though. If she doesn't know where I work, will she be able to find me?

If you ever paid with a check, then it's very easy. If not then knowing where you work should do the trick. Happy renting!