While disputes between a landlord and tenant commonly arise, most of these disagreements are resolved by an email, phone call, or in person conversation. But in some cases of landlord conduct, a tenant’s only hope for a resolution may be by way of formal legal proceedings. In these cases, small claims may be the best option.
and recover the money you paid out of pocket. Because you risk the landlord serving you a Three-Day Notice to Pay or Quit if you deduct from your rent while still a tenant, we advise the tenant to pursue reimbursement through small claims court after you have moved.
In California, an individual may recover up to $10,000 in small claims court, and a small claims litigant may file a claim for over $2,500 twice per year. The following landlord tenant disputes may be appropriate for resolution in small claims court.
Failure to Return Security Deposit
Failure to return a security deposit is among the most common reasons why tenants take their landlords to small claims court. In California, landlords have twenty-one days to return a tenant’s security deposit, minus any legally approved deductions. Itemized deductions must be in writing and include a clear explanation,such as payment of unpaid rent or the cost of repairing the rental unit beyond ordinary wear and tear. If your landlord does not return your deposit or withholds all or part of it by falsely stating that you violated your lease terms, you may wish to file a suit in small claims court.
Illegal Deductions from Security Deposit
Under California Civil Code Section 1950.5 your landlord may not take deductions from your security deposit for just “any purpose.” The four main reasons set forth in California’s security deposit law where the landlord may take deductions from your security deposit include:
- Unpaid rent
- The cost of repairing property damage caused by the tenant beyond ordinary wear and tear.
- The cost of making the rental unit as clean as it was when the tenant first moved in.
- To remedy future defaults by the tenant to restore, replace or return personal property or appurtenances (exclusive of ordinary wear and tear) if the rental agreement authorizes the security deposit can be used for this purpose
In cases where your landlord makes a deduction not supported by the law, such as for upgrades to the rental unit or costs of repairs for ordinary wear and tear, going to small claims court may be the best option.
Failure to Reimburse for Repairs
If your landlord refuses to carry out repairs necessary to your health and safety, such as restoring running water or replacing a window that broke, the law allows the tenant to hire a professional to perform these repairs
Small Claims Court Process
If you have decided to take your landlord to Small Claims Court, there are several steps you must follow:
- Send a Demand Letter – Before filing a claim you must send the landlord a demand letter stating the reason for your dispute and the damages you wish to recover.
- Complete proper Small Claims Forms – If you are not successful in resolving the case with the demand letter, you can file a claim in Small Claims Court. The Contra Costa County Superior Court has forms that help you file your claim. These forms can be found on their website at https://www.cc-courts.org/forms/
- Serve the Small Claims Form to Defendant – Serving the forms that you completed puts the defendant on notice that you are taking them to court for the return of your security deposit. Service can be done in a few different ways. But you cannot serve the forms yourself. Someone who is 18 or older must serve the forms for you by either handing the forms to the defendant (personal service); handing the forms to someone at the defendant’s work or home (substituted service) or having the court clerk send the forms by certified mail. In some cases the Sheriff may also serve the forms. Information on how to serve can be found at the Judicial Branch of California website at https://selfhelp.courts.ca.gov/small-claims/start-case/serve.
- Identify proper Defendant – You need to be careful to designate the defendant(s) properly using his/her/their exact legal name. If the defendant is a corporation, check with the California Secretary of State’s website at sos.ca.gov, then do a business search for the exact name and agent authorized to receive service for the corporation. For other types of businesses, check with the city business license or the county fictitious business name statement. If you do not designate the defendant’s exact legal name, you may not be able to enforce a judgment, should you get one.
- File the forms with the court – Once you have completed and served the forms, you will need to file them with the Contra County Superior Courthouse branch applicable to your case depending on where you reside or where the dispute occurred. If you do not have a fee waiver, you will need to pay a filing fee.
Other resources:
Law section (ca.gov) – California Civil Code Section 1950.5
The landlord may claim of the security only those amounts as (berkeley.edu)
Small Claims Court Forms: Contra Costa Superior Court (cc-courts.org)