Legal Question in Real Estate Law in California

What can I claim in small claim court ragainst my tenant that filed a claim agai

I rented a room to a person 2 months ago without signing a contract for a month to month rent. I received $300 desposit. I mentioned that she was not allowed to bring guest over . She told me she was working full time but she was only working 1-2 days only for a few hours. Also when I was at work she was bringing her close relatives and friends to my house to take bath and use the swimming pool in the facility .After 1 month of her staying, I had to sale my property because of an family emergency and need of money. I gave her a 30 days written notice . She asked me if she could stay until the closing of my escrow which was July 14 and then move in to new property with me. She packed her furniture without telling me and rented a big storage box and left it in front of my garage door after she left for 10 days. She finally removed it. she filled a claim of $505 security deposit, herself painting the room without my approval to reimburse her, loss of wage plus court costs. I want to file a claim for her damages caused too . Also for embarasement she caused when I was served at my job.Pls. tell me to what extend can I claim damages?


Asked on 7/19/00, 6:57 pm

2 Answers from Attorneys
Ken Koury Kenneth P. Koury, Esq.

Re: What can I claim in small claim court ragainst my tenant that filed a claim

You can only recover your out of pocket loss.

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Answered on 9/11/00, 4:47 pm
Bryan Whipple Bryan R. R. Whipple, Attorney at Law

Re: What can I claim in small claim court ragainst my tenant that filed a claim

Although attorneys are not usually used or permitted in small claims courts, you can always consult one beforehand. An alternative is to see the court's small-claims advisor or buy a paperback guide to small claims. It's supposed to be a simple procedure, but often isn't.

Observe all the deadlines, if they haven't already passed in your case. You need(ed) to file and serve a "claim of defendant" or counterclaim (Form SC-120 from your court clerk, also obtain and use Form SC-104 for Proof of Service).

Your claim of defendant can cover anything you could have sued for in small claims in an original action, including emotional distress. In my opinion, you are not likely to win an emotional distress claim over service of process at work.

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Answered on 9/11/00, 4:49 pm


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