Legal Question in Real Estate Law in California

Hi everyone,

This is my first post - I am wondering if anyone has any advice for me.

I am an Australian that was living in California (Newport Beach) until recently relocating back to Australia.

I moved out of the house I was renting and the landlord has refused to return my deposit or even communicate with me about the situation.

I also paid http://www.rentalprotectionagency.com money to try and mediate - although the landlord was again non-responsive.

A lot of people have said that I can sue him in small claims court - however, I am now back in Australia and I am not sure it will work sueing him from a different country? Unfortunately, I dont even have a copy of the lease - however, I do have email from the landlord admitting he owes the money and saying he would pay it (this was the last email I obtained from him)

The house is also now for sale (according to a local real estate agents website) - so perhaps he has financial troubles - but I am very impatient now as it has been 5 months!

The amount he owes me is $4000usd

Please advise me if there is any recourse open for landlords that take advantage of tennants? In Australia, all security deposits are held in escrow to ensure this does not happen.

Did I get scammed and should just get over it and be more careful next time?

Thanks for the help!


Asked on 8/10/10, 3:13 am

3 Answers from Attorneys

Unfortunately your only recourse is in our Small Claims court, and you must personally represent yourself under California Small Claims rules. So if you can't get back here for a court date, I can't think of anything you can do.

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Answered on 8/15/10, 10:10 am
Anthony Roach Law Office of Anthony A. Roach

You did get scammed, and unfortunately, this is one of the most popular. It works well because, as Mr. McCormick pointed out, most people have moved away and are not willing or able to travel all the way back to California to sue in Small Claims court.

You do have another option available to you, however. That option is to hire an attorney to file a limited civil action against your landlord, for a small fee, and have the attorney make the appearances for you. If the landlord has property and assets, the judgment will be collectible.

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Answered on 8/15/10, 10:47 am
Bryan Whipple Bryan R. R. Whipple, Attorney at Law

Find California statutes on line and look up and read Civil Code section 1950.5, which is the governing law for residential security deposits. Note that subpart (l) (that's a small letter L, not a one) provides for up to double damages for bad-faith failure to refund a deposit, which could be an incentive for a local lawyer in the Newport Beach area to take your case. This would be a suitable matter for someone just starting in the practice of law and willing to take it for a very modest fee.

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Answered on 8/15/10, 11:53 am


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