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KWil85: 8 months ago via Android

Who files the lawsuit for the security deposit refund when the responsible tenant is not the person who wrote the deposit check?

The story goes: my father wrote the check. He also wrote the rent checks. I lived with 3 others, one of whom was acting landlord. They were made out to him. He is refusing to adhere to the law over my refund, so I'm forced to take him to court. He also created an uninhabitable environment, on top of hostility, so while I'm at it I'll be suing for my last month's rent. I have so many pictures, e-mails, text messages as proof, and while I wrote physical, professional, signed and dated letters in order to follow the law, he wouldn't even take a call. Only texting and e-mail. He's in his late 30s, fyi.
There is written, documented proof that I am the responsible tenant, the only part my dad played was the checking account. Don't ask why, please just answer.
I'll be suing for 3x my deposit (CA law allows this), my last month's rent, and the $50 to file. So, is my dad a necessary party? Can I get something signed by him so he doesn't have to go to court with me? THANK YOU if you read all of this!

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Answer 1

kmt1329: 8 months ago via iPhone

Koichan lawyers are not allowed in small claims court. The best thing you could do is file jointly your dad would have to testify anyway as a party to the case who did the financing. There are several renter advocacy groups through out California that could guide you. Also try the state housing agency

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KWil85: 8 months ago via Android

Doing a search on Google, based on this advice, eventually led me to an online form to submit this type of question to my county's Small Claims Court advisor. Who knew? I'll hear back via e-mail within 5 days.

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Answer 2

koichan: 8 months ago

Sounds like there is a substantial amount of money involved here. You would be well-advised to get an attorney. If you are trying to save the money for a lawyer, let me tell you if you don't get one and lose in court, you will pay many times more to appeal (assuming there are grounds) than what it will cost you to get one at the start. If you have all the evidence gathered and arranged, it will cost you less to hire one if he or she charges by the hour. Get a lawyer. Save yourself money. Don't close the barn door after the horse is out.

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Answer 3

dunczn: 8 months ago

You will need your dad to testify that he was indeed the one who made out all those checks. You should talk to an attorney for professional advice; he might also come up with an affidavit that your dad can sign, testifying about the checks, so he doesn't have to come to court.

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Msvickie: 8 months ago via iPhone

If you can't afford an attorney at least seek legal advice from legal aid and let them guide you on the correct steps to take.

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