Legal Question in Real Estate Law in California

Allowable deductions for rental deposit

I rented a house and provided the landlord with a $900 deposit. He has retained the entire amount and also was interested in more money. He has provided no response in writing and I was forced to go to court. I have initially won a court judgement for the full amount of the deposit but he has filed to overturn the award based on missing the trial. The excuse listed on the court document is his car required acute repairs after an accident and he was unable to afford a plane ticket to attend the trial. I do believe there wasn't even an accident and this is a delay tactic in hopes this will go away. The excuse seems a little weak and I'm looking for advice on what I could do to show the holes in the story.


Asked on 9/17/97, 1:23 am

1 Answer from Attorneys
Lorraine Rosenfeld Law Office of Lorraine Rosenfeld

CA Rental Deposit Lawsuit

I wouldn't waste my time poking holes in his excuse for non-appearance. Once a judge grants a new trial, the case progresses as if you had never been to the court before. Stick to the issues regarding your deposit. You can also ask for punitive damages since the landlord never gave you an accounting within the proper time. The landlord must provide it within 3 weeks of your move-out unless your rental agreement states 2 weeks.

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Answered on 10/03/97, 12:19 am


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