Security deposit not refunded fully

[kannan]

Jurisdiction

California

I had rented a room santa clara area on monthly basis. I had given 31 days notice to vacate. Before vacate I had cleaned my room/bath room/kitchen etc. Before I move-in I did not sign any agreement (meant no paper was signed). That fellow is an Iraqi lady who took 190 dollars in false reason. Cleaning bath room, kitchen
etc. In this house there are 6 more tenants all of them shared bath room kitchen.
What ever she did is fraud and blatant lie. I asked to return my money
she did not . I want to pull her to court and recover the money

I want to even engaging attorney and sue this lady for 5k dollars (I need only
my money rest is given to attorney) attorney can even come to court. my case is a very good case to fight for. Can somebody help me ?
Thanks
Meenakshi Aggarwal
skmurali@hotmail.com

 

[C-Note]

I had rented a room santa clara area on monthly basis. I had given 31 days notice to vacate. Before vacate I had cleaned my room/bath room/kitchen etc. Before I move-in I did not sign any agreement (meant no paper was signed). That fellow is an Iraqi lady who took 190 dollars in false reason. Cleaning bath room, kitchen
etc. In this house there are 6 more tenants all of them shared bath room kitchen.
What ever she did is fraud and blatant lie. I asked to return my money
she did not . I want to pull her to court and recover the money

I want to even engaging attorney and sue this lady for 5k dollars (I need only
my money rest is given to attorney) attorney can even come to court. my case is a very good case to fight for. Can somebody help me ?
Thanks
Meenakshi Aggarwal
skmurali@hotmail.com

So does the 190.00 represent the amount of security deposit that wasn't returned to you? If so, you should first write a letter to the LL describing your grievance concerning the failure to return you your security deposit.

If the LL's response to your letter (sent via certified mail) isn't to your satisfaction (meaning they refuse to give you your security deposit), then you should file a case in small claims court. If you win your case, you will get your deposit back + court fees.

Also, you should forget about suing your LL for 5000.00 due to the failure to return your security deposit, since, IMO, you will not be sucessful.

 

[adjusterjack]

I want to even engaging attorney and sue this lady for 5k dollars (I need only
my money rest is given to attorney) attorney can even come to court. my case is a very good case to fight for. Can somebody help me ?

No, nobody's going to help you.

Your monetary damages are only $190 so no lawyer is going to take the case and sue for $5000 and no court will award you that amount when the only amount in question is $190.

You're on your own and you can sue for the $190 in small claims court and try to convince a judge that you didn't owe the money.

 

[kannan]

So does the 190.00 represent the amount of security deposit that wasn't returned to you? If so, you should first write a letter to the LL describing your grievance concerning the failure to return you your security deposit.

If the LL's response to your letter (sent via certified mail) isn't to your satisfaction (meaning they refuse to give you your security deposit), then you should file a case in small claims court. If you win your case, you will get your deposit back + court fees.

Also, you should forget about suing your LL for 5000.00 due to the failure to return your security deposit, since, IMO, you will not be sucessful.

-------------------------reply to you message please read and upate

I do not desire for his money. When I engage an attorney I have to pay him. I had asked extra money to pay attorney..
I need my money back 198 + court fee + process server fee etc
Rest I will give it to attorney. Suppose attorney says I need only 1000 dollars for appearing the court...I will sue only 2k dollars My question is what is the chance of winning this case ?
LL tells blatant lie..If I loose this case, will the judge asked
me to pay any money to LL ,because I had pulled him to court ?
I am not telling lies..what ever the lady did is total lie...


dolimporta

 

[adjusterjack]

If the $198 was kept wrongly, your chances of winning back the $198 (plus court fees and process service fees) are excellent.

What you DON'T win is attorney fees so you DON'T get to sue for an amount that includes attorney fees.

You also DON'T get to hire an attorney in the first place because California small claims court doesn't allow attorneys to represent the parties.

Have we made ourselves clear?

As for your last question, if you lose the case you will have to reimburse the LL for any costs she might have incurred and she gets to keep your money.

 

[Gail_in_Georgia]

Do you have pictures of the rental unit at move out to use as evidence in court to dispute your landlords claims of damage?

 

[kannan]

Do you have pictures of the rental unit at move out to use as evidence in court to dispute your landlords claims of damage?

Thanks for your message. I did not take any picture. Nor the landlord. Further at the time of moving LL did not take any picture. LL fellow wrote a note on the cheque 311.33 he sent (out of 500 dollar secu deposit) that cashing this cheque I am accepting 188.67 deduction. But I wrote on the back before depositing the cheque that I do not agree for 188.67 deduction and I am caching this cheque because I need money for my expense. Further thief fellow wrote on a paper that if I go to court, more damages will be charged.
On the house 6 tenants were using kitchen. 4 tenants were using the bath room which I had used. He had deducted 85 dollars towards cleaning kitchen table which is not more than 20 squre feet. House was built way back in 1962 and it was never remodelled.

You wrote to me that if I loose the I have to pay for his damage . What I have to pay ? he had taken money 188.67
In apartments managers before move-in they use to do move-in check list etc . This fellow did not . Also for the amount he has taken not provided any bills . (engaged cleaners and attach bills etc ). Also he did not send any photo graphic evidence. This itself is a valid proof.
Can some one answers to my question ?
thanks