Legal Question in Landlord & Tenant Law in California
Ca. Civ Code 1950.5(l) Amount & Who to Name/serve?
A few questions here:
In 1950.5(l) the ''bad faith'' claim ... punitive damages up to twice the amount of the security, in addition to actual damages. So, I am a tenant whose security deposit of $1500 was withheld completely (though an initial inspection was given and no complaints made...). There is a history of this with this landlord (it's egregious), so I'm going to bring up 1950.5(l). What amount do I sue for? Is it $3000 or $4500? (Does ''actual damages'' include the amount withheld?)
Second question: The house is owned by Person A. The lease is signed by Pers A and Pers B. Perss A & B have a history of trying to evade service, so serving only one person is preferable... Who should be named in the lawsuit?
(a): The owner (A).
(b): Who's on the lease. (A & B). (If so, do both need to be served, or not, by Ca Civ 1962(d)?).
As a slight added wrinkle, Pers C has claimed in court papers (another active case) that he is a property agent
for Pers A. In either case (a),(b) above can he be served instead?
Finally, the landlords actually didn't comply with Ca Civ 1962, either (they don't provide an address). Can 1962.7-CCP 1013 be used in small claims? If so, how exactly?
Thanks!
1 Answer from Attorneys
Re: Ca. Civ Code 1950.5(l) Amount & Who to Name/serve?
If you're suing in small claims court, you can sue for up to $7,500, and then let the court figure out how much your actual claim is, so long as you provide proof.
You may sue whoever is holding your deposit. If you're unsure, then serve 'em all and let them explain who's responsible to the court.
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