techman41973@yahoo.com (Joe Blo) wrote:
I moved out of an apartment in California in September. My rent
was payed in full, gave them 30 days notice and I left the
apartment in good condition. I am still waiting for my security
deposit.
#1 The complex owner and apartment manager has not accepted the
two certified letters I sent, formally requesting my security
deposit. Can I use my cell phone bill as evidence that I tried
to collect?
Are you talking about the small claims court requirement for asking
for it before you sue? Yes, that should be sufficient. I've never
seen anyone dispute that this requirement was met, so I doubt it
will be a problem.
#2 Since small claims requires that I argue my case in person
and I no longer live in California, can I get my travel expenses
reimbursed if I win?
Unlikely. However it is likely that you can schedule the hearing at
your convenience, for a time when you will be in California anyway,
if that will happen. Make sure to start it far enough in advance -
at least 120 days to be sure you can get the date you want.
#3 Once I file the court case, am I required to accept payment
from the landlord if she decides to pay?
No, but if she's willing to pay you in full, that's likely all you
will get from the judge, other than the possibility of a small
amount of interest. You may get a statutory penalty on top, but I
wouldn't hold my breath.
#4 Is it necessary for me to have a copy of the lease?
It is not necessary, but it would be helpful.
#5 The landlord & apartment manager are now claiming they sent
me an itemized list of deductions from my security deposit
within the 21 day time period. This is total B.S. Do they have
to prove that they sent me this list or is it their word against
mine?
While they are supposed to do that, the fact that they didn't won't
likely be considered significant by the judge. He'll determine how
much you are entitled to get back and may allow them to keep some
even if they didn't give proper notice.
#6 Who do I serve court papers to, the landlord or
apartment manager?
It's best to serve the owner, who will also be the defendant.
Does the owner of the complex have to show up
in court, or can she send her apartment manager?
The manager can't represent her, but he can appear to give evidence.
Stu
