small claims court

[mar99032]

California
I'm being taken to small claims court for a moved out renter's security deposit. He claims my 21 days are up and I must pay him in full.we have a 30 day lease according to my understanding, every time you change the date a new 30 day contract is in effect. He first said he was moving in the middle of the month, but about a week before he moved out he changed the date. And after changing the date three different times he finnaly left at the end of the month. Nothing is in writing, everything was verbal. He now claims that he never changed the date and my 21 days are up. He left a bulling message on the answering machine saying if I did not give him the money that day he would take me to court. In my defence, I plaved advertisments advertising the apartments at the biginning of last month. I even said he could go into the apartment again and clean for the deposit but he just wants to go to court. What should I expect? Does he have a case?

 

[BL]

A month to month tenancy is just that . Usually the 1st until the first .

This is a Tenant said / landlord said issue . While most state allow for verbal contracts , It is up to the Judge to decide who is more believable.

Any time you change a contract , you should do it in writing and both parties sign and date , and a copy to each .

It is entirely up to you if you want to take the time to go to court. Some States have Laws that a tenant is entitled double the security deposit , if the provisions of returning it aren't meant.

My advice is to send him the security deposit , noted security deposit paid in full , and move on.

Learn that even from month to month you can and should have it in writing and signed by both parties . Also do a walk through before the rental and before move out with the tenant with a form the list each room and the condition of each part ( IE: floor , ceiling ,walls , windows , stove, refrigerator, Etc ).

You should familiarize yourself with Landlord / tenant Laws , and tips .

I'd right this rental off, return the deposit , learn from it and move on .

 

[Ellerge]

Do NOT be bullied by that tenant!
He is just threatening you to get you to give him some money. Become familiar with the LL/Tenant Law in your State. If you are on a MtM agreement (and it sounds like you are), did he give you the required WRITTEN notice? When did he move? How much Security Deposit is involved? Did you conduct a before and after walk-thru? Are any damages involved? How about cleanup? Have you been served (or just received a threatening letter or phone call from his attorney) and, if so, when is your Court Date? And what does your counter claim say? If you decide to take the former tenant to court, what does your suit say?

Again, do NOT give him money unless you have too!

One poster said that "Some States have Laws that a tenant is entitled double the security deposit".
This is WRONG!
If the LL unlawfully withholds the Security Deposit, he may be liable for 2 or 3 times the SD. The operative here is unLAWfully. It is up to a Judge to decide if the Law is being obeyed. And it looks like you are!

Don't be afraid of the tenant taking you to Court. Take him to Court instead!

 

[BL]

Do NOT be bullied by that tenant!
He is just threatening you to get you to give him some money. Become familiar with the LL/Tenant Law in your State. If you are on a MtM agreement (and it sounds like you are), did he give you the required WRITTEN notice? When did he move? How much Security Deposit is involved? Did you conduct a before and after walk-thru? Are any damages involved? How about cleanup? Have you been served (or just received a threatening letter or phone call from his attorney) and, if so, when is your Court Date? And what does your counter claim say? If you decide to take the former tenant to court, what does your suit say?

Again, do NOT give him money unless you have too!

One poster said that "Some States have Laws that a tenant is entitled double the security deposit".
This is WRONG!
If the LL unlawfully withholds the Security Deposit, he may be liable for 2 or 3 times the SD. The operative here is unLAWfully. It is up to a Judge to decide if the Law is being obeyed. And it looks like you are!

Don't be afraid of the tenant taking you to Court. Take him to Court instead!

You don't know what the hell your talking about . I see your new on the boards . You come into post and Immediately tell the Original Posters that all other posters are wrong !!

To the original poster this new member is asking questions fishing for your answers , when the senior members give good advice . Don't fall victim .

He even comes back to state IF the landlord has violated the Laws that can be held doubly , triply ? responsible , but in the beginning say the other posters are WRONG. ??

Take what you get for replies with wisdom .

This poster responds with conflicting and inaccurate advice .

 

[Ellerge]

I must reply to the senior member who said that I did not know what the he** I was talking about! (To the OP, do NOT just pay the SD - pay it because it is the Law or it is right). Now back to the senior member - You said 'I see your new on the boards.' I'll take a wild guess that you meant 'I see that you are new on the boards.' or 'I see that you 're new on the boards.' You said that I had told the OP that all other posters were wrong. I did not! I just said that YOU were wrong. Please copy and paste where I said ALL posters were wrong! You cannot because I never said it. About double or treble the SD - the Ca. LL/Tenant Law says:

(a) The willful retention of a security deposit in violation of this section shall render a landlord liable for treble the amount of that portion of the security deposit wrongfully withheld from the tenant, together with reasonable attorneys' fees and court costs; except that the tenant has the obligation to give notice to the landlord of his intention to file legal proceedings a minimum of seven days prior to filing said action.

The word the OP should be aware of is WRONGFULLY in the above section. The OP should pay close attention to that section which states the tenent's obligation to give notice to the LL about his intention to file legal proceedings.

You said 'this new member is asking questions fishing for your answers.' I was NOT fishing but was asking questions to get an answer so, with more information, I could better suggest what his actions should be.

Your advice was 'I'd right this rental off, return the deposit,......' (I'm guessing you meant write, not right) My advice is ONLY to return the SD if it is the Law or it is right!

You said 'This poster responds with conflicting and inaccurate advice .' Point out my conflicting and inaccurate advice and paste it on this forum for the edification of all.

 

[Who's Liable?]

Actually Ellerge, you didn't read the rest of Blondie's post.. she posted:Some States have Laws that a tenant is entitled double the security deposit , if the provisions of returning it aren't meant.

Where she is right... if the provisions of returning it aren't meant.

I'm thinking you my have been caught up with the part of being entitled to 2-3X SD... And in that part you are right... Just because you move out does not mean you are entitled to 2-3X SD back...