My landlord is refusing to accept my original 30 day notice I submitted to an email address he specifically directed me to send correspondances to becasue he did not see the email until thrree weeks after I sent the notice. I sent this 30 day notice a toal of four times to the email address. He is requiring me to mail the notice to his bus. address because the rental contract required this. The rental contract states notices may be delivered to that address, but does not specifically mandate this. Now he has witheld a majority of my security deposit and paid a bill, for the residence, out of the depoist without our permission. We are emailing back and forth and he will not budge. Can I take and action against him?
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If you have some documentation that he directed you to send correspondence to his email address, I'd say you should file an action against him in small claims court for recovery of your security deposit. Not having such documentation might not be fatal to your case, but having it makes yoru case that much stronger. You say that he has withheld your security deposit. Have you moved out then? If so, how long has it been since you moved out?
Kevin King, Principal- Essential Law Services. HTTP://ESSENTIALAW.COM, 415-562-6862. The information presented here is general in nature and is not intended and should not be construed as legal advice for a particular case. This post does not create any attorney-client relationship with the author of the question answered. For specific advice about your particular situation, consult with me or another qualified attorney off-site.
Yes, the landlord can insist on service of the 30 day notice by regular mail, and not accept the email notice. That being said, the issue is whether the landlord could rightfully deduct from your security deposit for unpaid rent under Civil Code section 1950.5. So if you did not give mailed 30 day notice, then the answer is probably yes.
If you wish to take legal action, you would most likely file a small claims court lawsuit.
Frank W. Chen has been licensed to practice law in California since 1988. The information presented here is general in nature and is not intended, nor should be construed, as legal advice for a particular case. This Avvo.com posting does not create any attorney-client relationship with the author. For specific advice about your particular situation, please consult with your own attorney.