QUESTION

How do I get my money from my landlord?

Asked on May 27th, 2016 on Landlord and Tenant Law - California
More details to this question:
I was a renter in an apartment. The story started in June last year. I gave the owner of the apartment two checks for two months because I would be not available to give him the rent in person because I was traveling. On July, 29, 2015, I got a problem because someone used my phone online account to replace my phone with a new one and pay the difference. Once I got the email of the order replacement, I transferred the money from my checking account to the saving account on 08/03/2015 to save the money until I connected with the company to see what happened. At that time, I forgot about the rent and on the fourth of August. I got an email with a returned check. The owner connected with me, and I told him to give me his account information, but he refused and told me he would find a way to send him the money but he didn't. Then he told me to give him the money when I got back to the apartment. When I met him later in the month, he told me that he would charge me $375 for the late payment, which he didn't tell me about it till before. Anyway, I said "ok, but I will pay you monthly," he said "ok." I paid him first $150 plus the rent for two months. In the next month, which was October, I paid him $125 plus the rent. In November, I paid him $50. Then he told me that was not what he charged me for, it was more. I showed him a proof for what he asked for. The remaining was $50, I told him to take it from my deposit, and he said ok. At the end of November, I told him that "I will leave the apartment in January, but I didn't know when" because I was waiting my admission. He told me "are you going the pay the rent?" I said "yes, I will pay you the whole amount and when I leave return me the difference of it." He said " yeah, sure, but that will take a few weeks" I said "it's ok." In February, I asked him to return the money, he told me he will just give me $500 where he owes me the deposit and the remaining of the rent.
Report Abuse

1 ANSWER

I suspect you have little of this in writing. It is always best to have everything in writing. When is payment of the rent late according to the lease? Some judges only allow a reasonable late charge based upon the actual cost to the landlord of the late payment. A flat charge of $375 no matter how late you are seems very excessive and a judge likely would say it is against public policy. Since your cancelled checks would show how much you paid him, and he agreed to accept your vague notice of when you would leave [seems that it will be your word against his], it dopes appear he owes you the deposit and unused part of the rent you did pay. Legally, he must notify you within 21 days after you leave of what money he is withholding an why, but the code section does not state what the penalty is for failure to do so. You probably have a good chance of winning in Small Claims Court, where you would also be awarded the filing fee and reasonable cost of serving him [you can not do it yourself]. point this out to the landlord, tell him you will give him ten business days from the date of your letter or e-mail for him to consult an attorney, point out if he has to hire an attorney it may cost more than what he is keeping, and then sue if he does not comply.
Answered on Jun 30th, 2016 at 7:15 AM

Report Abuse

Ask a Lawyer

Consumers can use this platform to pose legal questions to real lawyers and receive free insights.

Participating legal professionals get the opportunity to speak directly with people who may need their services, as well as enhance their standing in the Lawyers.com community.

0 out of 150 characters