In California, can an ex tenant (in a residential home) sue the landlord over the security deposit AFTER the tenant has already cashed the security deposit refund sent by the landlord?
By the way, the landlord has proof that the tenant has cashed that check within 21 days from the end of the lease.
Also, itemized items were listed out for the tenant as to what the damages were, how much the repair was (at market rates), and photos of the damages were taken.
2007-10-24 07:55:22 · 7 answers · asked by Anonymous San Diego 1 in Business & Finance ➔ Renting & Real Estate
Unfortunately yes they can. Tenant laws in CA are very unfriendly for Landlords. Tenants can sue even though the check was cashed. However, I would no worry in your case. It sounds like you did everything you were supposed to do and have documented items to prove it (which is the most important part.) I would document all communication with this tenant in writing. Good luck!
2007-10-24 08:24:06 · answer #1 · answered by The Drew 4 · 1⤊ 0⤋
If the tenant took pictures of the home after the move to show the how good of shape it was left in, then there's a possiblity. I got sued by an ex landlord who said I had to pay $500 in cleaning on a 900 sqft apartment made of bricks. I took pictures before I left, went to court, handed the judge the pictures and notified him I clean for a living. The only thing I had to pay for was a broken window screen.
It's possible, but you have to have evidence to back your story. If you priced the objects needed to be replaced and the cost is less then the landlord is giving then bring proof of that. Most landlords over price objects.
2007-10-24 15:02:31 · answer #2 · answered by Anonymous · 0⤊ 0⤋
In this country, anyone can bring a small claims action against another for just about any reason. Whether or not any such action will be successful is another story entirely.
You do not indicate the nature of the dispute involved, but I assume it may be over what qualifies as damage (vs wear and tear) and/or the costs of the repairs.
As long as you have documentation concerning the damages and your repair charges were reasonable and fair, you basically have not much about which to worry except for your lost time appearing in the court.
2007-10-24 15:04:48 · answer #3 · answered by acermill 7 · 0⤊ 0⤋
IN California most residential homes where a lease is required, requirements are listed for move-out condition. If the landlord signed the check and the check is issued, then there is nothing the landlord can do to recoup.... Too late..
2007-10-24 15:09:27 · answer #4 · answered by Anonymous · 0⤊ 0⤋
you can sue anyone for anything in california the question is will you win
im not sure what your question is though your the tenant and you cashed a deposit that the landlord gave you back but want to sue him for more money because you allready cashed in on the moeny he owes you?
that dont make sense
youll lose in court so its not even worth it
2007-10-24 15:02:16 · answer #5 · answered by monizk 3 · 0⤊ 0⤋
If you did not get the total amount you were entitled to from your landlord, you can sue for the amount you did not get. Try small claims court.
Keep good records and plenty of pictures.
2007-10-24 16:09:59 · answer #6 · answered by Anonymous · 0⤊ 0⤋
I'd say no. If it was cashed, it was accepted. Especially if there was nothing said or done to make it known that there were disputes over the refund.
2007-10-24 14:59:06 · answer #7 · answered by T 5 · 0⤊ 0⤋
a
2007-10-24 14:58:36 · answer #8 · answered by JOE B 2 · 0⤊ 0⤋