Legal Question in Business Law in California

Security Deposit, a Loose Contract and Signage

My father sublet part of his biz to another. They signed a contract where he received a 1500 deposit to be returned at the end of the contract, without any other explicit terms. Subtenant informs my father she is no longer going to do business there, and gave him less than 30 days to inform him of this. While subletting, she changed the outdoor signage to include her business. She now wants the deposit back and is not willing to pay to get the signs redone. In the meantime, my father let her pay half the rent owed with the understanding that she would pay for that half and her full rent the following month. What recourse does my father have? Small claims court? He doesn't speak English well - would he have access to a translator? I can't be there as I live out of state. Thanks in advance for your help!


Asked on 5/24/06, 1:16 pm

1 Answer from Attorneys
Terry A. Nelson Nelson & Lawless

Re: Security Deposit, a Loose Contract and Signage

Have him use the deposit to pay for any damages and unpaid rent; then give the tenant a written statment of monies paid, used and owed. Demand payment, then sue in small claims if the amount is under $7500. Take your own translator, you can't count on one at court. If over $7500 is due, get an attorney.

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Answered on 5/24/06, 1:23 pm


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