Suing landlady for unreturned rent - need advice

[Robert2018]

I was told I had to leave a room I was renting in early December of last year for having an overnight guest without my landlady's permission and need to take her to small claims court to try to recover the money she owes me for the remainder of December's rent and final month's rent ($1500 total). I really just need to know what "grounds" I have for suing her, what legal term I need to use when filing the forms for small claims court as well as what my chances are of recovering anything. The room rental was month-to-month and there was no written lease agreement. I was also given verbal permission to have overnight guests over occasionally when I first moved in. I was not evicted but rather was told I had to leave at noon the day after she discovered I had an overnight guest. I did not know at the time that legally I didn't have to leave.

Thanks in advance for any advice/information.

 

[army judge]

I really just need to know what "grounds" I have for suing her, what legal term I need to use when filing the forms for small claims court as well as what my chances are of recovering anything.

For those who don't recall this case is based upon the following thread:

Evicted for having overnight guest

The jurisdiction involved is California.




If you left without being EVICTED by a court of law, you are said to have voluntarily left acceding to her request to "vacate the premises".

You may NOT have a case upon which you can recover anything.

You MIGHT be able to sue in small claims to recoup any deposit you paid, and the days of the month you had previously paid for when you vacated the premises.

Don't obsess over what you do in filing a small claims case.

Small claims courts are very informal and allow litigants to recover from their missteps.

Take a shot at it, do the best you can, and see what happens.

Be careful in delays, however, windows to pursue remedies can close quickly.

 

[zddoodah]

In your other post, you indicated you're in California.

In order to sue in small claims court, you will file a document called "Plaintiff's Claim and Order to Go to Small Claims Court." In section 3, you will explain why you believe the defendant owes you money and how you calculated the amount allegedly due. You do not need any special "legal term" in order to do this. Just explain it in plain English.

as well as what my chances are of recovering anything.

We have no conceivable way of knowing, although I suspect the merits of your claim were discussed in the prior thread.

 

[army judge]

To file a small claims case in CA one has to make a demand for payment BEFORE filing the small claims case.

Small claims cases require that you ask the other side for payment before you go to court (unless there is a good reason why you cannot). You can ask in person, by phone, or in writing. You will have to tell the court you did this and how on your court form.

If you decide to ask for payment in writing, you can use a demand letter. A demand letter is a short, clear letter demanding payment. Bring a copy of it to your court hearing to show the judge. You can also attach it to your court papers.

Often, a demand letter will be all you need to resolve your dispute. Even if the person or business that owes you money knows about the problem, a firm and strong request in a letter that lays out the reasons why they owe you money and says that if your issue is not satisfied you plan to go to small claims court can have a big effect. They realize you are serious about the case and intend to spend time and energy pursuing it. Sometimes when you have a problem with a business, a demand letter can bring the problem to the attention of the owner who may not have known about your dispute because the manager never told him or her.

This wizard offered by YOUR CA courts helps you write the demand letter:

General Demand Letter Asking for Money (from a Person or Business) - small_claims_selfhelp


Demand letter to Your Landlord Asking for the Return of Your Security Deposit

General Demand Letter Asking for Money (from a Person or Business) - small_claims_selfhelp

A landlord has 3 weeks after you move out to return your security deposit or send an itemized invoice for any amount withheld for damages.

Use this program ONLY if you do not receive your security deposit (or an itemized invoice for any amount withheld for damages) within 3 weeks after you move out.

If you received part of your security deposit and feel that your landlord should have returned more money, DO NOT use this program. INSTEAD, use the Write a Demand Letter program to write your letter.

 

[mightymoose]

Since you were asked to leave by a certain date you may have a reasonable argument to receive priespro rent for the remainder of the month, and you definitely seem to have a reasonable argument for the return of the last month deposit. Subtract from that the reasonable cost of cleaning repairs you may be responsible for.
The landlord can not simply keep the money and will have to justify any amount held.
I agree, small claims is a simple process. Research a little to learn the steps and follow them exactly.