Legal Question in Real Estate Law in California
Judgment On Stipulation $ & Security Dep.
An agreement for unlawful detainer was settled in the Court's hallway with a Judgment On Stipulation, (2/5/02). The dollar amount included landlords atty. fees and conditioned upon the same days pymnt of one months rent, (to be applied against judgment amount).Twice in Jan. I paid full rent. Twice it was returned to me. Now LL won't return sec dep,($1300). 1) Says I still owe him one months rent.
2) Deducting atty fees from sec deposit but atty fees were already listed & included in JOS.
3)Deducting from sec. dep for touch-up paint and carpet shampoo.
I thought for 3), that 1950.5(e) states he can't deduct for normal wear & tear? For 2), he won't acknowledge. For 1), I have a receipt from sending payment via certified mail, but he wouldn't accept it. If he wanted the rent for Jan., shouldn't he have kept the payment or included it in the JOS? Why can this narcissistic, pompous ass sue me for a months rent when he refused to accept my payment twice, then have his arrogance rewarded with my security deposit?There's got to be a law? Must I endure the pleasures of small claims Court?
2 Answers from Attorneys
Re: Judgment On Stipulation $ & Security Dep.
You're not going to change the landlord, and it looks like you're going to have to tell it to the judge again. However, you're going to have to take your time and explain it so the judge understands what is going on. I can't tell from your recitation of the facts what the dispute is over. If he will not take your check but instead wants to take the money you owe the landlord out of the security deposit. What's the dispute? So do you numbers so the judge understands why that doesn't work.
Re: Judgment On Stipulation $ & Security Dep.
You only need to go to small claims court if you want your money back. Wasn't the Security deposit referenced in the stipulated judgment?
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