Legal Question in Landlord & Tenant Law in California

UD and return of security deposit
About 9 months ago, my landlord hit me with an UD. We ended up in court and signed a stipulation
agreement that was sealed by the judge. Since that day, I have moved out of my apartment and did
exactly as they told me to do, including a final walkthrough with the property manager, so that they
would be required to perform their agreed to items, namely return my last months rent and security
deposit = $2600.
Instead of doing that, the property manager hit me with a nasty letter telling me that I should feel lucky
that the landlord isn't going to charge me for the remodeling costs that they had to incur because of
damages that I caused. The walkthrough with the property manager at the time I left, indicated that
there were no outstanding items on my end.
To date I have yet to receive my money and have had no luck getting the clerk at the Courthouse to
make me a copy of my own stipulation agreement!! How do I get a copy of my own file? Can I get
damages from the landlord? Do I have to go to small claims or should I go back to the same court?
Thanks

Asked on 6/01/08, 9:44 am

2 Answers from Attorneys

Robert F. Cohen Law Office of Robert F. Cohen

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Re: UD and return of security deposit

The same court would retain jurisdiction of the matter under Code of Civil Procedure section 664.6. You might file a motion to enforce the agreement, if return of the security deposit was part of the agreement. Have the court take judicial notice of the agreement.

The court will seal an unlawful detainer so that it won't appear on the UD Registry, which is an advantage to the tenant. However, you should be able to have access to your own case.

Answered on 6/01/08, 12:59 pm

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