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I don't know what judges are like, but I'd be surprised if the judge weren't on my side.
You might be surprised.
Quote:
Originally Posted by dyh
... but at the end of the conversation I mentioned how in the lease, which only I signed and have a copy of because he neglected to sign and make a copy of it although I told him to, it states that if a tenant is late on the rent there's a 3 day grace period, then there's a surcharge of $10/day late fee.... His response was "I never signed that lease."
Actually, he's right. Legally you don't have a lease as it wasn't signed by both parties. You're on a month to month and thus your tenancy is based solely on CA landlord tenant laws.
Quote:
Originally Posted by dyh
Ok, thanks for the comment. I imagine I will also at least get my court costs refunded to me.
Never assume. And the court costs are minimal in Small Claims Court - basically just the filing fee. You don't get reimbursed for time off work, travel, inconvenience, etc.
Can he sue for 2x the rental deposit in California since it wasn't returned? It looked to be the case from something I read (if the landlord is found to have kept it in bad faith).
Can he sue for 2x the rental deposit in California since it wasn't returned? It looked to be the case from something I read (if the landlord is found to have kept it in bad faith).
I did file for 2x the amount plus expenses, and court costs.
I'll just have to see what happens, but as far as I know it doesn't matter that he didn't sign the lease. A housing rights counselor told me verbal agreements are binding up to a year, and I have images of all the rent checks...and the copy of his lease of course, signed by me but not by him. He doesn't even have a copy of it with my signature on it.
Edit: My understanding is that if you win court costs will be refunded to you, and that this includes the filing fee and process server cost.
From my experience with people like this, you should just go to court. I am a freelance web developer, and I can't tell you how many times I have heard peoples sob stories. Most of them lied to try and buy more time. I send a certified letter stating the situation and what I expect form them and WHEN I expect it, and if they don't respond, I file court papers. Figure this... if you were in his shoes, do you think he'd be willing to wait around for HIS money? Hell no. Go to court. Now.
The court date is coming up on the 18th. When presenting your case to the judge what's the best policy, to be as detailed as possible, give a brief summary, or somewhere in between?
I plan on taking all the documents on this including text message history, rent check images, etc.
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