Legal Question in Landlord & Tenant Law in California

I moved out of my apartment in 2007. I payed a 622 deposit of which they say I owe them 400. 500 for carpet replacement and 200 for painting and 125 for cleaning and 90 for trash. It was basically a bill for almost 1000. I lived there for 3 years. I did not receive my itemized list from my apartment complex within the 21 days per section 1950.5 of California law and I have now taken my property management company to small claims court after they sent me to collections. I have emails and proof from them that I requested it and they didn't complete it until 45 days after my move out. Also I had my attorney send letters to the collection agency with no response. Now they are counter offering me to just waive the fees. Can I win this in court? I will just take the offer but if I'm entitled by law to my deposit, then I want to go for it.


Asked on 5/05/10, 4:01 pm

1 Answer from Attorneys
David Gibbs The Gibbs Law Firm, APC

If you have an attorney, you need to get an opinion from that attorney about the odds of success on this case. The facts given, while pretty thorough, are just not enough to opine about the odds of success on a small claims court case. Small claims is very unpredictable. I don't think that any attorney will give you an opinion without interviewing you first, and reviewing all the documentation including correspondence from the collection agency.

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Answered on 5/19/10, 4:51 pm


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