Legal Question in Real Estate Law in California
If I sue a renter for unpaid rent in small claims court, can I file a separate suit in small claims court for property damage? The renter moved out 2 days ago but still needs to finish moving his junk off my property. Unpaid rent is $10K. The cost to fix the house will likely exceed $100K. We're willing to recover only a small portion of what's owing, in order to minimize our headaches.
2 Answers from Attorneys
Small Claims jurisdiction is limited to $7,500 arising out of one contract or transaction. You can't split things up to double that, and really with the losses you face, what's another $7,500? You should sue in Superior Court, unlimited jurisdiction and get a judgement for the full amount owed. It's good for ten years and can be renewed. Who knows, they may win the Lotto or inherit money.
Thou shall not split your cause of action. You only get one bite at the apple. You should sue in Superior Court for all claims you have against the individual, arising out of their tenancy. If you sue in small claims court, you will be held later to have waived the balance, permanently.
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