Legal Question in Real Estate Law in California
where to file the claim--acorrding to where we rent the house or where the land
We moved out our rental house 30 days ago. The landlord holds our deposit without any reason. we are ready to get our money back. My question is where we can sue him or file our claim. The rental house is located in Foster city which belong to Central branch of San Mateo county surperior court. Landlord lives in Cupertino which belongs to southern branch of San Mateo county surperior court.
Thank you very much.
2 Answers from Attorneys
Re: where to file the claim--acorrding to where we rent the house or where the
Your question relates to 'venue,' i.e., which branch of a court with jurisdiction is proper based on court rules designed for the parties' and witnesses' convenience.
You can sue in a small claims court--
(1) Where the defendant resides;
(2) Where the lease was signed;
(3) Where the leased property is located; or
(4) Where the defendant resided when the lease was signed.
Some other possibilities might exist, e.g. if the defendant is a corporation it can be sued in any district where it does significant business.
Re: where to file the claim--acorrding to where we rent the house or where the
Mr. Whipple's answer is correct.
Cupertino is in Santa Clara County, not San Mateo County. An action based on the landlord's residence should be filed at:
Palo Alto Facility
270 Grant Avenue
Palo Alto, CA 94306
(650) 462-3800
Public Service Hours:
8:30 a.m to 4:00 p.m. M-F
For more information, go to:
http://www.scselfservice.org/small/index.jsp