Legal Question in Real Estate Law in California

Re: threatened lawsuit

You have received three very good responses. I would just add that if a judgment in Superior Court is such that it could have been filed in Small Claims Court, the judge has the discretion to

deny the winning plaintiff any costs that he would normally be awarded in addition to the judgment.

Re: threatened lawsuit

He could, but the filing fee for doing so would be more than the $250.00 in dispute. Its is more likely he will sue you in small claims court. As for "legal expenses," unless you have a contract with him which contains an attorney's fee provision, those expenses will be limited to filing fees, service of process fees and certain other "expenses." In California he will not be able to obtain attorneys fees unless he has a contract that says he can recover them.

Re: threatened lawsuit

It would be small claims court, which is a division of superior court. I agree with Mr. Hoffman that the filing fee will eat into that recovery and, unless your lease provides for attorney fees. By the way, because it involves real property and you are on the other coast, you could appear through a representative who could try the case based upon your written declaration, signed under oath. You might also cross-complain for the damage for the cleanup if he still owes you money.

Re: threatened lawsuit

I agree with the two prior responses that a suit in Superior Court is possible but unlikely due to the high filing fee. The plaintiff would also have to serve you, and hiring an out of state process server typically costs about $75.

Keep in mind that the California Civil Code section 1950.5(l) provides for additional damages of up to double the amount of the security, plus actual damages, for a landlord's bad-faith claim or retention of the security deposit in connection with the duty to refund or account for the deposit within 21 days of the tenant's vacating the premises. You probably have good reasons to retain the security deposit, but you should have given the ex-tenant an accounting within the 21 days. Maybe you should locate Civil Code 1950.5 and wade through its numerous provisions on tenant deposits and refunds before deciding how to respond to this threat of suit.

He's probably blowin' smoke, but you need to be on firm ground before calling his bluff.