Legal Question in Landlord & Tenant Law in California

My tenants vacated my property without notifying me and they owe me 7000$ for rent alone and around &7500$ for property damages. Can i file in small claims for 7000$ rent this year and then file another claim for property damages next year as in CA the limit for small claims is only 7500$ each year. Thanks in advance.


Asked on 8/09/10, 3:56 pm

2 Answers from Attorneys

George Shers Law Offices of Georges H. Shers

You have misread the statute. There is no limit of how much you can sue for or collect in any year, you are limited to no more then $7,500 per case, not counting court costs. You are not allowed to split causes of action into separate parts. Here, I think a judge wold hold failure to pay rent and property damage stem from the same incident, the renting of the unit. If the tenants have no defense then it is likely, if you can find them to be served, they will not show up in Court and unless someone raises the objection of lack of jurisdiction yo probably can get away with the obtaining of two separate judgments. But the main issue is whether the ex-tenants have any money that you can get as a part of the judgments) being enforced.

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Answered on 8/14/10, 4:17 pm

I disagree with Mr. Shers. Most counties electronically track small claims cases to make sure the same plaintiff doesn't sue the same defendant in separate suits to avoid the $7,500 limit. You are far better off just bringing a proper action in regular court for the full amount.

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Answered on 8/18/10, 8:31 pm


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