Q: Small claims case against landlord for not returning security deposit in 21days and negligence. Defendants postponemen
What rightsdo I have for my case to be heard. Has been a hardship .uninhabitable conditions.
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- California
- (916) 704-3009
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- Answered
A:
You have strong rights under California law regarding your security deposit and habitability issues. The law requires landlords to return deposits within 21 days, providing detailed accounting of any deductions - if they fail to do so, you may be entitled to receive up to twice the deposit amount as penalty.
Regarding postponements in small claims court, defendants are allowed one automatic postponement (also called continuance) of the hearing date. However, you as the plaintiff still have the right to have your case heard within 70 days of when you filed the claim, unless you agree to a later date. If uninhabitable conditions existed, make sure to bring photos, maintenance requests, witness statements, and any communication with the landlord documenting the issues.
To strengthen your case, gather all documentation showing when you moved out, proof of deposit payment, communications requesting return of deposit, and evidence of the uninhabitable conditions. Consider filing a complaint with your local housing authority about the habitability issues as additional documentation. Small claims court provides an accessible way for tenants to seek justice, and judges take security deposit and habitability violations seriously under California law.
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