[709394]

Hey guys, has anyone ever experienced living in a REALLY bad situation?

yeah...thats exactly whats going on right now.
The thing is I LIVE with my landlords and have 2 months left on the contract.
Things are getting really dirty and nasty and I've come to realize that talking it out with them is NOT an option anymore. So imaine LIVING with them for another 2 months.

Basically i put a stain on their couch, offered to pay and fix it to them, they say that he would not charge me for more than he paid for it ($250 from a friend , used)...and now, hes saying that he threw away the couch (which is fine, its theirs), and are going to charge me for the price of a new couch that they can find, in stores, which would be $600 or whatnot, taken out of my security deposit. They never tried negotiating about it with me..until i finally asked them about it, to which they said i "dropped the subject like it never existed anymore and tried to get out of it." I call BS on this because I knew FULL WELL they have my $800 security deposit AT THEIR DISPOSAL so how can i just 'forget about it?'

I know its a petty amount to sue , but trust me, there are MANY ReASONS why i want to, they are just evil. really really evil.

Does anyone know where to get cheap law advice for landlord issues in California?? I know I could try to sue them in small claims but I know so little about how the law system works that i'm sure they would ...frame me in the case.

[taiji.]

i had a similar experience a little over a year ago. (i'm also located in california) my last landlord refused to give my deposit back saying that i was the reason their electricity bill came out a lot and she knew for sure it was me because she didn't pay that much for the electricity bill the year before. (she texted me this. didn't even have the guts to tell me in person) the funny thing was that i had like 7 roommates and 4 of them moved into the house a few months before i moved in. but the landlord was trying to blame everything on me since i was the only person who didn't speak their language. (everyone else came from the same country and always spoke in their language even when i was present) when i talked to my friends about it, many of them suggested taking it to the court for small claims. long story short, i was disgusted with her greediness and just let her have it. it wasn't because she deserved the money but rather, i didn't want to waste my time and stress over a $100 deposit. i figured i could just work an extra day and make up for the $100 loss.

but in your case, your deposit amount is a lot more. also, it just sounds wrong how they are trying to take your deposit money even after they said that the old couch was only $250. i'd definitely fight it if i were you. just remember, what goes around comes around. these people will pay for what they have done.

[HERMIT]

This site should help you: Small Claims Court in California

Check out the Small Claims Basics link to get started.
I've never sued in small claims myself, but a quick perusal of the site proved pretty informative for me. An amount as much as $600 isn't too frivolous to sue over and it looks like the cost of just filing is $30. This site is practically a how-to on suing through the small claims process and it's probably worth your while to explore that option. You don't even need a lawyer to represent you in these kinds of cases, though it is recommended that you consult one prior to appearing for your case.

The only thing that can be problematic is the 'he said/she said' aspect of your dispute. Having things in writing always helps and if you've got it down that you were willing to pay for the cost of cleaning up the stain, then that's one thing. If the landlord had put it down in writing that he wouldn't charge you more than the $250, that's another thing too. But nonetheless, there is such thing as broken 'verbal/spoken' agreements (which are also addressed in the website) and if you feel strongly that this is what you had with the landlord, then these can be heard in small claims. But I think at that point, it's pretty much up to the judge to decide which side's story is much more compelling/truthful.

In any event, good luck with whatever happens.

[yohimbine]

If you still attend school I think they give student free legal aid advice you can call up.

Otherwise, pick up the phone book and check out attorneys. Look for one that has the ABA seal and another one I forgot. If you talk to them they will tell you if they handle/specialize in that area. If not, ask them for a referral.

[naoto]

I have a bitter taste from letting my landlord go, it's like they stole money and I never tried to get it back. Do it youre not going to live there ever again so there is no point forgetting about it to stay in that place. they are all greedy. it's just business isnt it.

[papabear]

You can find the California handbook for tenants' and landlords' rights online.

[Shmindy]

Contact your Fair Housing Office in your county. They offer free advice. Also familiarize yourself with tenant rights in California. I had an issue once and was able to get my full deposit back. Though, what I guess is that they won't be able to deduct the cost of the couch from your deposit. From now on instead of talking to them email them anything you need to say. This way any and all communication is documented. If I am right what will happen is that they have to give you a walk through prior to move out and the opportunity to fix any issues before deducting the amount from your deposit. Also per California statute they have so many days (maybe a month I forget exactly how long) it isn't longer than a month to return your deposit once you vacate and return the keys. If they fail to do so within the time allowed by law you should not cash the check or accept any cash. Instead return check/money with a letter stating why via certified mail. Also, you are allowed to ask for double the deposit if they do not return your deposit in the allowed period of time. Then you can take them to small claims court without any issue for your full deposit. Most likely if it comes to that they will probably just give you your full deposit back.

Now it has been a few years since I had issues so I don't know if any or all of the laws have changed. Like I already said contact your Fair Housing Office and speak with someone. Also, I don't know if they wrote the contract to state that you are responsible for any or all items ie furniture already there...

Good luck....

[709394]

thanks you guys for your help!!!

i hate this whole tenant thing, i hate going to court even more cuz its a big hassle, but these landlords are ridiculous. I'll definetely check out the all the places that you guys recommended.

yeah, the he-said/she-said thing is quite hard to dispute...they say one thing and now they are changing their mind. For all they care, they could go to court and say that they bought it at a furniture store and paid however much for it X years ago, and I'd have no say.

So my only way to...show that I'm not lying I guess, is to prove that they are dishonest? Is that even valid in court? The only way I could prove that they are dishonest and make stuff up , is if I gather MORE he-said/she-said evidence from them, BUT i also have the word of my current roommate AND the word of the previous roommate who lived before me (and moved out cuz of problems)...

[Temoin la Nuit]

Yeah.. some landlords can be pretty bad.

Been finding out that the place I live has bed bugs.. (ugh).

Finally found proof today though, so my landlord luckily has agreed to foot the bill for an exterminator.

So.. guess it's good sometimes, at least.

[jshat4]

I have a kind of related question on rooming/etc and I don't want to start up a new thread and clog space. I know you usually give the landlord 2 months if you want to move out. How much is it reasonable to give a roommate? The same time? What if you know the roommate (i.e. someone in your class) but you aren't exactly friends with them? My roommate is pressuring me to tell her like NOW for September etc. but I don't know yet so I don't know if it's reasonable to tell her to wait until like June or something.