On 6 Jan 2004 21:36:08 -0800, 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.
[snip]
#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? The cell
phone bill shows I spoke at length
with the landlord and apartment manager over the past months. How
else can I prove that I tried to collect my deposit over the past
months?
Why do you have to prove that you tried to collect it at all? That
said, you can use whatever evidence you have, including their failures
to accept the certified letters.
#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?
No. You can ask for them, though.
#3 Once I file the court case, am I required to accept payment from
the landlord if she decides to pay?
If she is willing to pay the full amount you would collect from a
judgment, including statutory penalties, plus your court costs (filing
fee), you should accept. I can't think of any reason not to. If she
offers anything less than what you're entitled to, then no, although a
compromise might be helpful to you because of your travel expenses.
#4 Is it necessary for me to have a copy of the lease?
It would be helpful, particularly if any provision in the lease is
relevant to your suit.
#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?
They have to prove it, but them saying they sent it is some evidence
that they did. You'd have to probe more as what they claim they did.
#6 Who do I serve court papers to, the landlord or apartment manager?
On the person or entity with whom you have the lease.
Does the owner of the complex have to show up in court, or can she
send her apartment manager?
She can probably send the manager if the manager works for her.
#7 In cases where the tenant wins, how often does the tenant also win
the bad faith retention fee of $600?
I don't know.
------------------------------
Bob Stock, California Attorney
Nothing I've said should be relied on as legal advice.
------------------------------
