Legal Question in Landlord & Tenant Law in California

Landlord Tenant Small Claims:

I have a followup question to my first on "who" to sue to retrieve some of my security because of unfair deductions?.Thank you for that answer.

Now I would like to know how much I should sue for? The total security deposit was $1850.00. They PAID me $475, deducting for carpet hole(s) and cleaning.. The carpet that is almost five years old,needs repair in the back of the MBR closet where the previous landlord cut out a piece to patch something in the living room;I had been there over 4 years and that was very early on in my tenancy. I told them I would concede $250 for repair if they wanted to replace that piece with a matching remnant and use the carpet they remove from the closet to repair anywhere else they felt necessary.. By the way, 85% of the carpet was covered with area rugs and I have clear pictures of this and the vacant apartment .. also, if they replace it for the next tenant, I do not think I owe them a thing. I have asked them to settle and give me another $1000.. if I have to sue, and it looks like I do, it has been almost 10 days past the 21 day cut off, how much should I sue for? I moved out on 8/27 , I am 68 years old and this is taxing my health.. I will have to go to Los Angeles from Oakland for this. Do they owe penalties that I should include? I never got any receipts for the deductions.. Thanks


Asked on 9/25/09, 1:20 pm

1 Answer from Attorneys
Roy Hoffman Law Offices of Roy A. Hoffman

Sue them for the balance of the security deposit. If the retention is "in bad faith," you may also be able to recover "statutory damages" of up to twice the amount of the security, so you can add that to your small claims complaint. You will probably not, however, be awarded any damages for having to travel to Los Angeles or for any "emotional injuries." If you are successful you will be entitled to your costs (i.e., filing fees and service of process fees).

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Answered on 9/25/09, 1:43 pm


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