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Sam, Attorney at Law
Category: Landlord-Tenant
Satisfied Customers: 27011
Experience:  More than 20 years of experience practicing law.
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I live in California and had the hearing yesterday unlawful

Customer Question

I live in California and had the hearing yesterday for an unlawful detainer, which was over 1 month's rent. A Notice to Pay Rent or Quit was taped to my door the day AFTER the landlord text me that she received the replacement rent check. I emailed her
asking to please confirm receipt of the check and she never replied so I placed a hold on my bank account until she confirmed. Anyhow, to make a long story short, I settled the case because according to the landlord's attorney, she had a 2nd Notice to Pay
Rent or Quit taped to my door a week later and mailed to me, which I never received, she says she has proof of service, then she said regardless of me placing a hold on my bank account, that didn't matter, I should have borrowed the money and if the case went
to trial I would lose because of that. After the settlement was signed, and given to the judge, she was going to put in a stipulation that anything remaining from my security deposit would be applied to the settlement amount; however, after I was given my
copy she did not right that in. I was going to send her an email asking her about it, but, is there anything I can do at this point?
Submitted: 2 years ago.
Category: Landlord-Tenant
Expert:  Sam replied 2 years ago.


This is Samuel and I will discuss this and provide you information in this regard

Please tell me in regard are you looking do something "at this point"?

Thank you

Customer: replied 2 years ago.
I was wondering about the security deposit and the stipulation the landlord's attorney was supposed to add to the settlement. She was supposed to indicate that any leftover security deposit would be applied to the balance of the settlement and unfortunately, she did not do that, so, I was wondering if there is anything I can do about it now. The settlement is for July and August rent because she refused to cash the July rent check she has and she returned the August rent check back to me. I am moving out at the end of this month and any security deposit balance she said would apply against the 2 months rent.
Expert:  Sam replied 2 years ago.


Thank you. ***** law, the LL can use the sec. Deposit for unpaid rent. And in that regard, I suggest the only thing you can do is write the LL a letter and "remind" the LL of the agreement.