Legal Question in Landlord & Tenant Law in California

Wrongful Eviction and misuse of security deposit

Our last landlord gave us a30 day notice Nov. 2006. We have 1000.00 in security deposit and 200.00 pet deposit. The 30 day notice stated all rent would be payable after we vacated. Then he had a lawyer serve a 3 day pay or quit. Then proceeded with eviction. We filed a response to the eviction. We moved out on December 30, 2006. I started a new job on the day of the hearing, which was Jan. 9, 2007. The keys were returned on Jan. 1, 2007. Our current lease states that we moved in on Dec. 30. But we lost by default, and have an eviciton on our record after we had already moved out! I sent a demand letter for security deposit. I wanted to see if he used it for rent. His reply was that he sent an itemized list to the address we moved out of, (his property) but did not provide me with a copy of the list with his reply letter. How do I get this eviciton off of our record, and have the judgement lowered by minusing the amount of the security deposit?


Asked on 12/17/07, 6:27 pm

2 Answers from Attorneys
Robert L. Bennett Law offices of Robert L. Bennett

Re: Wrongful Eviction and misuse of security deposit

Mr. Shers is an excellent attorney, and has given you a thorough and competent answer.

Send certified letter directly to landlord regarding deposit!

Also, if this does appear on your credit history, you are permitted a 100 word explanation right next to this judgment regarding the problem with your landlord and the default.

Good luck!

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Answered on 12/18/07, 1:58 pm
George Shers Law Offices of Georges H. Shers

Re: Wrongful Eviction and misuse of security deposit

There was no way for the court to know that you had moved out permanently, so there may not be any way to get the eviction off your record as it is too late to appeal the judgment. The landlord must send to you an itemized list of the deductions [everything you put up was as a deposit for rent, there is no such thing legally as a pet deposit] and is required to send it to a address likely to reach you. Demand of him another copy of the itemization immediately and point out that he has not complied with the law so is not allowed to without anything and would be ordered to pay even more if you sue him. Act immediately before he tries to enforce his judgment against you, which also hurts you credit rating.

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Answered on 12/18/07, 11:46 am


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