melvan
May 2, 2009, 08:32 PM
I recently moved out of a house I was renting. I believe the landlord failed to follow several things and I want to know if I have a valid case for small claims court.
1. I had a month to month lease the last year but paid my rent every two weeks. Am I obligated to give 14 or 30 days notice? I read your notice is how often you paid your rent. I gave her 2 week notice and she charged me 2 weeks upaid rent from my deposit. I was out on April 7, but because she lives out of town she didn't come till April 10, then charged me rent through April 15. I gave my notice on March 22. Did she have the right to do this?
2. My late charges were 10% of 1450. My landlord admitted to me when I gave her the keys that she never incurred any actual monetary damages when my rent was late (4 times in 4 years). Are the late charges she charged me illegal? I have done a lot of research and think that if no damages can be proven then they are illegal.
3. She did not give me a pre-inspection and at the final walk through she pointed out a few things that were wrong. I offered to come back the next day and fix them and she refused. But when I got my statement from her for my deposit she withheld 300.00 for cleaning and repairs. She didn't get them done till 2 weeks after I moved out and offered to fix the things. Can she do this or did she forfeit it when she failed to give me a pre-inspection?
4. My house was in Clovis CA and I read about interest being paid on the security deposit in CA. Am I entitled to it? My deposit was 1400 and she had it for 4 years.
1. I had a month to month lease the last year but paid my rent every two weeks. Am I obligated to give 14 or 30 days notice? I read your notice is how often you paid your rent. I gave her 2 week notice and she charged me 2 weeks upaid rent from my deposit. I was out on April 7, but because she lives out of town she didn't come till April 10, then charged me rent through April 15. I gave my notice on March 22. Did she have the right to do this?
2. My late charges were 10% of 1450. My landlord admitted to me when I gave her the keys that she never incurred any actual monetary damages when my rent was late (4 times in 4 years). Are the late charges she charged me illegal? I have done a lot of research and think that if no damages can be proven then they are illegal.
3. She did not give me a pre-inspection and at the final walk through she pointed out a few things that were wrong. I offered to come back the next day and fix them and she refused. But when I got my statement from her for my deposit she withheld 300.00 for cleaning and repairs. She didn't get them done till 2 weeks after I moved out and offered to fix the things. Can she do this or did she forfeit it when she failed to give me a pre-inspection?
4. My house was in Clovis CA and I read about interest being paid on the security deposit in CA. Am I entitled to it? My deposit was 1400 and she had it for 4 years.