Unlawful Charges from Former Apartment Management and failed to allocate rent assist fund ans sevurity deposit

Question

While my application for rental assistance was in progress, I was evicted from the apartment. The last sheriff who served me handed me a piece of paper indicating a final balance of $15,000 in favor of the apartment management. However, after my eviction, the rental assistance was approved and disbursed to the apartment management, who failed to allocate the funds appropriately and instead retained them for their own use. 
 
Moreover, the management continues to demand a balance of $78,000 from me and has also withheld my security deposit of $4,700 without justification.

James L. Arrasmith · Answer

I'm sorry to hear about your difficult situation with your former apartment management. It sounds like there are several issues at play here: 
 
1. Eviction despite pending rental assistance application  
2. Failure of management to properly apply rental assistance funds they received on your behalf after the eviction 
3. Management claiming you still owe a large balance of $78,000 
4. Withholding of your $4,700 security deposit without proper cause 
 
Here are some steps you can consider taking: 
 
1. Gather all relevant documentation - your lease agreement, eviction notices, rental assistance application and approval, proof of the rental assistance payment to management, your security deposit receipt, move-out inspection checklist, and any written communications with management. This paper trail will be important evidence. 
 
2. Write a clear, professional letter to management detailing the facts - the timeline of your rental assistance application and eviction, the amount of assistance they received, the amount they are still trying to collect from you, and the withheld security deposit. Request an accounting of how the rental assistance was applied and why they believe you still owe money. Cite your right to the return of your security deposit under California law. Give them a firm deadline to respond. 
 
3. If you don't receive a satisfactory response, file complaints with the appropriate oversight agencies, such as the California Department of Real Estate, the California Department of Consumer Affairs, and the California Attorney General. Provide them with copies of your documentation. 
 
4. Consult with a landlord-tenant attorney or legal aid clinic. They can advise you on your rights, review your documentation, and potentially help you file a lawsuit against the management for failure to properly apply rental assistance funds and bad faith withholding of your security deposit. If you cannot afford an attorney, look for legal aid societies that provide free or low-cost services to low-income individuals. 
 
5. If it comes to a lawsuit, you can sue management in Small Claims court for amounts up to $12,500. For larger amounts, you'll need to file in Superior Court. 
 
Remember, California has very strong tenant protection laws. It's likely that management acted improperly in evicting you while your rental assistance application was pending, failing to apply the funds correctly, and withholding your security deposit. Don't be intimidated by their claims of huge balances owed. 
 
Document everything, assert your rights in writing, file official complaints, and seek legal counsel. With persistence and the strength of the law on your side, you have a good chance of holding your former management accountable and recouping the money owed to you. Wishing you all the best in resolving this challenging situation.

Q: Unlawful Charges from Former Apartment Management and failed to allocate rent assist fund ans sevurity deposit