Legal Question in Real Estate Law in California
The primary leaseholder left with my security deposit
I have just moved into a new apartment on January 1. The primary leaseholder just left at the end of January, but while she was still here, she asked me for a check for Januarys rent and the security deposit, which I gave her. She never gave my security deposit to the landlord, but instead kept my money. The landlord doesn't want to return the original deposit because she damaged the property. I just want to get out of the middle of this arguement. Can I take this person who took my money to small claims court, and if I do, what am I entitled to ask for? One thing it will cost me is at least two days off of work, one to file the charges and another to go to court. I have also spent about 4 hours of time researching and talking with bank people, requesting a copy of the check I used to pay her.
2 Answers from Attorneys
Re: The primary leaseholder left with my security deposit
You can ask for the sum of money that was supposed to have been given the landlord, but was diverted. This is called a conversion, by the way. You can and should also ask for the money value of the damage she did, if it will come out of your hide at the end of the lease. You can ask for your filing and service-of-process costs as well, but you cannot recover for the value of time lost pursuing your case.
Re: The primary leaseholder left with my security deposit
u absolutely sound like you have a cause of action against the former leaseholder for conversion or misappropriation of your funds. you would have a very strong case for small claims court from the facts you have submitted, especially if you get cancelled checks from your bank showing your out of pocket expenses. however, you might also want to consider attorney representation and suing for greater punitive damages as well since it sounds like the former leaseholder's conduct was intentionally fraudulent. for further assistance, contact me directly. [email protected]
562-743-1357.
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