Q: Small claims case .need case heard. Defendants postponement on case.granted.return of security deposit 21days passed.
Landlord failed 21 days time.and unihabitable.conditions. I plaintiff want my case to be heard. Defendants was granted a postponement .what rights do I have .this has been a hardship. Small claims case.
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- California
- (916) 704-3009
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- Answered
A:
As a tenant in California, you have strong rights regarding your security deposit return and uninhabitable conditions. The law requires landlords to return deposits within 21 days, with an itemized statement of any deductions - if they fail to do this, you may be entitled to the full deposit plus penalties.
While the defendant (your landlord) was granted a postponement, you can request the court to set the next hearing date as soon as possible, citing financial hardship and the time-sensitive nature of security deposit cases. You might want to gather evidence of the uninhabitable conditions (photos, maintenance requests, witness statements) and documentation showing when you moved out and the timeline of the security deposit dispute to strengthen your case.
You can file a motion with the small claims court explaining your hardship situation and requesting priority scheduling. Additionally, consider documenting any expenses or difficulties you've faced due to the delayed return of your deposit, as this could potentially increase the damages awarded. Remember that in California small claims court, you can sue for up to twice the amount of your security deposit if the landlord acted in bad faith.
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