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. you were on a month to month, the landlord merely appears to allow you to pay every two weeks, unless you have something in writing that says two weeks, my opinion courts would rule for month

2. there never is any "real" damages except lost of interest and loss of use of the money, a late fee is a penalty not a loss for failure to keep the terms of your contract. So yes late fees are valid

3. Bad mistake on your part not to require a walk though, 300 dollars is cheap , so what things did they list

300, so they did very little, since that is almost nothing in the world of repairs.

To clarify:

1. The landlord required me to pay every two weeks. I have read many things in CA Law that states you give the same notice for the time you pay.

2. I didn't know I was entitled to a pre-inspection until she kept my entire deposit. If I was willing to go fix the "Few" things that were wrong, wouln't she have to let me without her compliance with the law.

3. CA civil code 1671 and the case of Orozco v. Casimiro is what I found related to illegal late charges. They both states that the landlord must have liquedated damages in and can't charge late fees as a punishment for paying rent late.

The only things that were wrong that she charged me 300 for were the tile counters were clean but not shiney, the bathroom drawers needed to be wiped out and there was a little dust on some of the baseboards, I had the house cleaned when I moved out. Also there were 9 nail holes from pictures and 3 1/4" marks on the wall where the stucko had came off at some time during 4 years. Also there were two 1/4" marks on the linolum from where the washer and dryer sat for 4 years that she charged me for. Again though if she was legally by CA law to give me a pre-inspection and failed to do so and I offerred to go back the next day and fix them, why would she be able to charge me 300.00?

Any attorneys out there that can tell me if I have a case or not?

Thanks for the help.