Los Angeles, CA asked in Landlord - Tenant and Small Claims for California

Q: rental tenet small claim

he paid 1st month rent plus one month value un deposit

2 Lawyer Answers
T. Augustus Claus
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A: In Los Angeles, small claims court can handle landlord-tenant issues like rent and security deposits. Before filing a claim, try to resolve the issue directly or through mediation. If you go to court, have all documentation like rental agreements and receipts ready. For personalized legal advice tailored to your unique circumstances, consult with an attorney.

James L. Arrasmith
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  • Landlord Tenant Lawyer
  • Sacramento, CA
  • Licensed in California

A: In California, when a tenant pays a security deposit, the landlord must return the deposit within 21 days after the tenant vacates, unless there are lawful deductions such as unpaid rent, cleaning fees, or repairs beyond ordinary wear and tear.

If the landlord fails to return the deposit or provides an inadequate explanation for deductions, the tenant can pursue the matter in small claims court. Before doing so, it's advisable for the tenant to send a written demand to the landlord requesting the deposit's return. If the matter isn't resolved, the tenant can file a lawsuit in small claims court. There, both parties will have an opportunity to present their case, and a judge will make a determination.

Note that there are limits on the dollar amount for small claims in California, but most security deposit disputes fall within this range. It's beneficial to gather all relevant documentation, such as lease agreements, photographs, and communication records, when pursuing this route.

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