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Thomas McJD
Thomas McJD, Lawyer
Category: Landlord-Tenant
Satisfied Customers: 46
Experience:  Landlord-Tenant Law Expert
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I am preparing a case claims court & have a number

Customer Question

I am preparing a case for small claims court & have a number of questions concerning my filing, can you help,?? . This has to do with a former landlord, keeping my security & slandering me to potential landlords, causing my family to become homeless.., Thanks
Submitted: 1 year ago.
Category: Landlord-Tenant
Expert:  Nishan Parlakian replied 1 year ago.
Hello Mr. Dolan, sorry about the troubles you are having. You can lay some questions on me, Sean
Customer: replied 1 year ago.
Thanks for the quick response . This involves a former landlord keeping my security deposit after I left him with a ," ready to rent" spotless unit & vacated on time. He asked me to leave 2 weeks before my lease ended ( june 2014) saying that he would no longer be excepting a Veterans assistance ( VASH) subsidy. I complied by the terms ( 90 days) he had to sign & vacated 89 days later. He kept my deposit sighting a ," double occupancy" penalty although nothing is mentioned about such a charge in the lease. About 30 days into the ," notice to vacate" I applied for & was about to be approved on another comparable unit here in my same town of residence . My credit had been approved & things looked good . The property manager called him to do a final inquiry & this landlord slandered me telling him I was difficult & violent & an all around bad tenant. I had always paid my rent on time & the only problems I had were with a neighbor who let his aggressive pit bull run around the property & chase other tenants animals. The guy physically threatened me a few times but frankly I am an older ,disabled Veteran & had no desire to fight a Commercial Fisherman 25 years my junior. I ended up being rejected by that potential rental & eventually my time to vacate ran out & My wife & I became homeless ( Camping in Calif. State Parks) for 3 months till my VASH rep helped me find a place. That's a pretty good idea of what went down. So some questions I have are : #1 ) what is the time statute & when would it expire at the end of the least or from the day I vacated?? . #2)How detailed do I have to go into the facts & regulations into what I file with the court. ?? Can I save my California tenant law sightings for the judge or must I share them in the filing.., # ***** ) Because this landlord is a nut job & I have no desire of him finding out my new address can I use my PO Box as an address for thr paperwork?? #4) how can I ask for punitive damages for the expenses & anguish his behavior caused?? Should I put that on the paperwork or should I verbally ( with receipts) ask for damages.., #5) I have $1400 tied up in deposit . California law says double that can be a penalty for abusing tenant deposit refunds ( he has NEVER to my knowledge returned ANYONE'S deposit ) $1000 in receipts for camp spots & hotels, & camping gear. The pain /anxiety of having to cancel necessary surgery. The pain & anxiety of becoming homeless fearing that where ever I found to rent he would ultimately slander me again. The loss of my landscaping equipment that was being repaired by a neighbor.( He threatened to have me arrested for trespassing if I ever showed up to pick up my gear( $ 800 riding mover plus the loss of my mowing business & had the local animal control investigate me for poisoning a dog , no dog was ever poisoned by me or anyone else) I need to know if I file for the $5000 limit is the judge limited to that as a top award ?? Any how the statute would be my most pressing question but I need the rest answered to complete my paperwork to file. Thanks for you consideration & Kindness in answering..., Please ask for any & all clarification that I might be able to offer .., BD
Customer: replied 1 year ago.
Hi : I submitted a brief synapses of my small claims case & have not heard back from you.., awaiting your response
Respectfully *****