Legal Question in Landlord & Tenant Law in California

I gave a woman $750.00 rent and $450 security deposit to move into a room in a house and 14 days kater she locked me out. This same day she moved all of my belongings into her garage and later moved everything to her driveway. She told me to remove my things from her driveway and she would return my money to me. After renting a truck and storage units and removing my things the woman refused to give me any money until 45 days later she sent me $600.00 charging me rent for 17 days, a fee for moving my things and a cleaning fee. While I was still living there this women would harass me daily until I left the house. She would threaten to change the locks and through my thing out on the street when I left the house. In addition, when I would leave the house she would go into my room everyday and go through my files, mail, trash, unpacked boxes, everything I owned. All of this is not only documented but the woman admitted do doing all of this in a small claims court room. In the small claims case I filed, I sued for $1500.00 actual damages resulting from having been forced to move and upto $100 for each of the 17 days left in the month that I had paid rent for. Because of the bad faith retention of my security deposit I asked for two times the amount of the security deposit. I also sued her for numerous instances of harassment with intent of intimidating me to move which includes an assault incident. And I sued her for numerous instances of illegally entering the rental property and invading my privacy. I won the small claims case and was awarded $1000.00, not even enough to cover my actual cost and damages. I don�t understand what the judge was thinking since the judgment I received in the mail had no breakdown for the $1000.00.I should have been awarded much more. What can I do at this point to get compensated for the damage and stress this woman caused me?


Asked on 3/06/10, 10:58 pm

2 Answers from Attorneys
Philip Iadevaia Law Offices of Philip A. Iadevaia

There are two sides to every story. You can't expect any lawyer responding to your post to believe your side over your landlord's without more facts. At this point, given what you have stated so far, I would have to assume the Judge awarded you fairly. So you have two options: (1) You can take your $1,000 and be rid of her. If she doesn't pay you, apply for a Writ of Execution and seize her bank account or the rental income and record an Abstract of Judgment against her. That will put a lien on her property. Also, the judgment will collect 10% interest, so after ten years the judgment will double. It's like money in the bank, if she doesn't file bankruptcy. (2) Continue suing her for whatever injustices she may have committed against you and let this eat you up inside. Good luck.

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Answered on 3/12/10, 8:18 am

Mr. Ladevaia is right about the option if you want to let this go, accept the judgment and collect your money. I is completely wrong about what you can do about the judgment, however. Once you have brought a case to court and obtained a judgment, you cannot keep suing. If you do not like the judgement, you can appeal Small Claims judgements to the Superior Court, Limited Jurisdiction division. The court clerk's office should have the forms for you to do that.

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Answered on 3/12/10, 10:43 am


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