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Ask Law Educator, Esq. Your Own Question
Law Educator, Esq.
Law Educator, Esq., Lawyer
Category: Real Estate Law
Satisfied Customers: 111525
Experience:  Licensed attorney practicing landlord-tenant, land use and other real estate law and litigation.
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I am was a tenant in Los Angeles County. I just moved out

Customer Question

I am was a tenant in Los Angeles County. I just moved out and now on top of not giving me back my deposit, they are charging me outrageous fees. First they are claiming I had someone living with me when I did not, just my boyfriend would come over from time to time. Second they are claiming i broke things like blind and windows that were originally broken when I moved in and I dont know what to do about it. Third when I clean apartment they are saying I dumped blue paint down the sink, when in fact if was just the brillo steel wool pads that i was using. Finally the landlord breached their own contract. They did not enforce any noise rules, the building was infested with cockroaches and pigeons. There was no hot water for two weeks, and there was a safety hazard for more the two months. There were two giant holes leading up to my apartment on the staircase. Can someone help me. They want almost $5000 just because i moved out.
Submitted: 1 year ago.
Category: Real Estate Law
Customer: replied 1 year ago.
I have some supporting documents and emails to back up my story
Expert:  Law Educator, Esq. replied 1 year ago.
Thank you for your question. I look forward to working with you to provide you the information you are seeking for educational purposes only.
Are you looking for someone to represent you or are you just looking for information on what to do next?
Customer: replied 1 year ago.
All I really want is my deposit back and to be done with this landlord. If information on what to do next will do that for me I am open, if not I am ready to fight these people.
Expert:  Law Educator, Esq. replied 1 year ago.
Thank you for your reply.
If they will not return your deposit and keep asking for this money and will not return your deposit, your only recourse is you have to file suit against them in small claims court and prove your case in small claims that you did not do any of the alleged damage and get the small claims court to order the refund of the deposit to you.
So your next step here is that you must file in small claims against the landlord for breach of lease and failure to return security deposit and take them to court to recover your money.
Customer: replied 1 year ago.
How much will that cost?
Expert:  Law Educator, Esq. replied 1 year ago.

You do not need an attorney to file, but the filing fees are about $200 and can be recovered if you win the case as part of your judgment/

Customer: replied 1 year ago.
If I file a suit, is there any type of hardship claim for having to live with cockroaches?
Customer: replied 1 year ago.
A county inspector did come to our apartment, and determined us not a fault for the infestation.
Customer: replied 1 year ago.
If I file a suit, I want to have grounds to ask for atleast $6000 back. Just to cover all my bases.
Expert:  Law Educator, Esq. replied 1 year ago.
Thank you for your reply.
You have grounds to sue for all of your money back, up to $10,000 for damages in small claims court without an attorney. The roaches would be the failure to provide a habitable premises, which can entitle you to seek all of your money back for rent paid during the months you had to put up with the roaches and the landlord failed to exterminate them.
Customer: replied 1 year ago.
Ok Great. Do you know how and where I can file in small claims court. I no longer live in LA County, but in Northern California. Do you have a link to a website or something?
Expert:  Law Educator, Esq. replied 1 year ago.
You have to file in small claims court where the property was located. You have to file and appear in court in person, but for the amount of money you are talking about here, it is likely well worth it for you to take that time to do so.
Customer: replied 1 year ago.
Ok thanks
Expert:  Law Educator, Esq. replied 1 year ago.
Thank you for your reply.
Please do not forget to leave positive feedback, as the experts are not employees of the site and get no credit for spending time with customers unless they leave positive feedback. Thank you.
Customer: replied 1 year ago.
Could you please provide me with the legal code numbers for violating safety issues and pests.
Expert:  Law Educator, Esq. replied 1 year ago.
Thank you for your reply.
California Civil Code section 1941.1 is the code that guarantees you a habitable premises.

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