Hi everyone,
I would like some help on my issue. So I stayed at a person’s converted garage (I think it was converted, he added a bathroom/shower/kitchen/stove to this room as he works in construction) for about 6 months and 4 days. There was no written contract, therefore I assumed it was a month to month lease. At the end of the 6th month, I asked if I can stay for 1 more week before I move out and for that 1 week, I told him he can keep my security deposit as payment. The rent was $1400 a month and the security deposit was $500 thus I paid $1900 the first month. Well he said no to this and demanded an extra $300 for the 1 week, which I gave to him. But I didn’t end up staying the entire week as I got fed up with this landlord and thus demanded my $800 dollars back (security plus 1 week payment) He refused to give me back any portion of it. I told him at least prorate the days past the 6 month mark for the 1 week payment and give me back my security deposit as there was no damage at all and I cleaned the place back to its original condition. He still said no so I went to the bank to cancel the $300 payment which I was able to get back, but now I want the $500 security deposit back. He said he would send me an itemized deduction list in 3 weeks since my move out date, but its been past 3 weeks now and he hasn’t sent me anything. Can I and should I proceed with filing a claim in a small claims court? I live in California btw. Lastly, I noticed that there was no fire/smoke alarm in the room which made me question if he had the permit/approval to even operate a rental unit for a portion of his home. I contacted the County and they said they don’t have any records indicating my landlord had the permit/approval to convert his garage into a livable unit. Can I proceed with filing a claim with small claims court suing him for my security deposit plus the fact he doesn’t even have a permit of some sort to operate a rental unit in his home? Thank you, so sorry for the long read and I really appreciate your help with this.
I’m sorry, I forgot to add that I sent him a demand letter thru Certified Mail with the postal office about demanding my security deposit back, but he ignored it. The postal office worker wasn’t able to get a hold of anybody in the home and left a notice on his door, but he ignored it and the demand letter got sent back to me. Thank you for your help.
Location: La Mirada, California.