Legal Question in Landlord & Tenant Law in California

I made a verbal agreement with the leasing agent at my old apt complex upon moving out that for the $1300 that was due, I'd use the $1000 deposit and then gave them $300 dollars. She got fired a couple years later, and following an argument he took me to court and I was sent a federal notice that he'd be garnishing my wages for the $1000.

Is there anything I can do since I never signed anything to get my deposit back?


Asked on 3/10/10, 9:31 am

1 Answer from Attorneys

Mark Saltzman, MBA, JD Law Offices of Mark E. Saltzman

There are a few issues for you to consider. First, what ever happened to the $1,000 deposit? If it was a security deposit for your apartment, then the landlord was required to send you a statement of how the deposit was applied and a refund of the unapplied deposit. If you did not receive the itemized statement within 3 weeks of your leaving, the landlord could be held responsible to return the entire deposit to you. There are some exceptions to this rule, so you will want to check with an attorney, regarding this deadline, if you did not receive the itemized statement. In fact, you may have a viable action against the landlord, and this action could be used as a negotiating tool to resolve all of your disputes.

Second, I do not know what type of "federal notice" you received, but, generally, if the landlord obtained a judgment against you, the landlord can enforce the judgment in many different ways, including but not limited to garnishing your wages. You may be entitled to dispute the garnishment or, at least, limit the amount that is taken from each check. This is another issue for you to explore with an attorney.

Third, you may find that the judgment is dischargeable in a bankruptcy proceeding. I would not recommend that someone files bankruptcy, simply because of a $1000 debt, but your situation may make the alternative altractive. A bankruptcy attorney can help you evaluate your situation.

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Answered on 3/15/10, 10:42 am


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