Legal Question in Real Estate Law in California
Renter's Recourse?
A relative who is a senior citizen is being defrauded by her former landlord. Her & her now deceased husband rented a single family residence for 16 years. She was given a 30 day notice to move. She vacated the dwelling & the owners sent their son to take possesion of the keys to the property. The son made no mention of refunding her deposit. For the last two months she has tried on several occassions to reach the property owners by phone,they have not returned any of her calls. She has sent them a certified letter to their residence which they signed for but failed to contact her.
Under California law what recourse does she have? The property owners owe her $5000.00,but she is no longer in possesion of the original rental agreement,however the leasing agent still maintains an office in the area.
3 Answers from Attorneys
Re: Renter's Recourse?
The amount due from the landlord is within the small claims court limit. However she should first enquire at the local senior center about free legal assistance. There may a free legal services available for her. If that does not provide the help she needs then contact the small claims court advisor about how to best present the case. It appears that this friend may have trouble presenting her case. Determine what can be done to allow someone to assist her. You may also want to talk with an attorney about elder abuse.
Re: Renter's Recourse?
Under California law, she is entitled to a return of her security deposit and an itemization of any amount retained by the landlord. If the landlord has failed to return the deposit, she should sue the landlord in small claims court.
Re: Renter's Recourse?
I agree, small claims Court.
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