Legal Question in Landlord & Tenant Law in California
relative to this question: One of my former neighbors at the apartment I am trying to recover my security from tells me they replaced that carpet they charged me $1250 for with hard wood floors! I now would like to recover that amount.. They literally stole that money. Do I have a case here? .. I offer the following additional information:
I was there for over 4 years the carpet had a hole in one of the back closet where the previous owner cut out a piece to replace something in the living room.. cost of repair including a new remnant for the closet and remove the carpet in there to repair anything else? $250, maybe. I found out the mgt company had nothing to do with this and that it was the landlord who wrote out the security form and submitted it to me with no receipts.. She hates me because I had reported her ( along with other tenants ) to the housing department last summer. I offered photos to the mgt company proving 85% of the carpet was covered with area rugs and it looked just fine..I had a feeling no one would keep a carpet in a rental after all that time but if they wanted to repair it, I said fine, take $250.. But now she replaced it quickly with hard wood floors after I left- her intention right along yet she took my money.. I would like my $1250 back and since she was so disingenuous and did this in bad faith, statutory damages perhaps..
2 Answers from Attorneys
Sounds like a perfect case to lay out before a small claims judge and let him/her rule on it.
I would agree that you sue on it. Find out from other former tenants if she did the same thing to them and the judge might accept a declaration under perjury as evidence [can call the SCC and try to get through to the judge's clerk] to find out what he/she normally does].
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