Legal Question in Landlord & Tenant Law in California

I sued my Los Angeles landlord in small claims court for excessive deductions from my security deposit and was awarded a judgment of $810. After the judgment was announced, the Defendant asked the judge whether the judgment amount was in addition the amount ($470) previously refunded, to which the judge replied, �yes.� Def. had sent me 2 checks prior to the hearing. The 1st refund check was for $310, which incl. $75 for the purchase of my fridge-so, only $235 was actually a refund. I refused to accept the amount as my final refund and asked him to provide receipts, etc. He then sent me a 2nd check for $160, which he said was as a "courtesy to me." After the judgment, I agreed to accept payments per his request. Since payment arrangements had been established, I deposited the $160 & $310 checks and he stopped payment on them. Now, he's refusing to reimburse me stating that he's only going by the court papers. He sent me the $810 for the judgment + $75 for the fridge. How can i collect?


Asked on 9/01/09, 10:33 pm

1 Answer from Attorneys
George Shers Law Offices of Georges H. Shers

Contact the clerk of the small claims court and ask what can be done in the situation. If the landlord had raised a counter-claim for credlit for the prior payments, then you might be able to argue that it appears that part of the case was decided aganist you so that within thirty days of the judgment you can appeal it to Superior Court [weak argument and you may be past the 30 day period in which to appeal]. Tell the landlord if he does not pay you the additional amount you will sue in SMC o the checks which were valid and outside the judgment at the time the judge made the decision.

Read more
Answered on 9/02/09, 9:55 am


Related Questions & Answers

More Landlord & Tenants questions and answers in California