Legal Question in Landlord & Tenant Law in California
I had a month to month contract on the apartment I was renting when approximately one year and three months later I received a work injury, could not work, had to let the apartment go and have been out of work ever since (almost a year and a half now). The day I moved out of the apartment the manager, myself and a friend meet in the apartment and agreed that the apartment looked as if no one had lived there because it was so clean. The landlord refused to return my deposit, do I have a winning case in court?
1 Answer from Attorneys
From your version, of course. But what did the landlord give as reasons for withholding the deposit. If none were given in writing within 21 days of your giving up possession, the landlord automatically losses. It is best if you also have pictures; you can try to get the manager to testify but he/she will fear being fired by the owner so do not expect much from them, even if you can get them to show up [you could subpoena them to the hearing]. Small Claims Court judges allow hearsay testimony, so you and your friend can testify as to what the manage said. Try to get the landlord to committ himself in writing as to why he withheld the money.
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