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Most Small Claims Landlord-Tenant cases involve disputes
over deposits, damages or unpaid rent. Tenants may sue over
issues such as the failure of the landlord to return a security
deposit. Landlords may use the Small Claims Court to sue
a current or former tenant for damages done to the property
or for unpaid rent.
The Small Claims Court is for settling disputes involving
$5,000 or less. Disputes are presented by the people involved,
and lawyers are not permitted in court. However, both parties
may consult lawyers before going to trial and after a judgement
has been issued.
If you are considering filing a claim, please note that
before filing your claim you need to present the defendant
with a demand for the money owed. If your landlord has not
returned your security deposit, for instance, you should
write a letter stating something to the effect of "I
have vacated the unit at the above-referenced address, and
I realize that you must refund my deposit and/or give an
accounting of any deductions within 21 days of the day that
I moved out. Please send the deposit refund to my forwarding
address. If the security deposit refund is not sent within
this time period, I will be filing a claim with the Small
Claims Court." A letter such as this may induce the
landlord to refund the deposit and allow you to avoid going
to court.
There are very specific procedures and rules that must
be followed in filing your claim and pursuing a judgment.
Because these procedures and rules may change over time,
we are not providing detailed information here. You will
need to contact your county's Small Claims Court to get
their informational handouts and the appropriate forms.
Each county also provides free Small Claims Advisors to
assist you.
If you need further information or have specific questions,
contact the Small Claims Court for your county:
Santa Clara County, (415) 324-0391
270 Grant Avenue, Palo Alto, CA 94306
Located on the second floor of the office wing.
Department of Consumer Affairs Small Claims Advisor:
(408) 299-4216
San Mateo County - Southern Branch, (415) 363-4303
750 Middlefield Road, Redwood City, CA 94062
Located on Middlefield between Marshall and Broadway.
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