My landlord is trying to evict me for not paying my security deposit.

Asked over 1 year ago - Oakland, CA

It's common sense that everyone must pay security deposit and first months rent in full before moving in. That's what I did. But my landlord is saying she has no record of me paying the security deposit. She even gave me a 3 day notice of eviction! It was a money order and I have the proof from my bank that they cashed it 8 days after my move in! It was their complex stamp signature and at their Wells Fargo bank! WTF!? It's been a week and I got a letter in the mail saying a unlawful detainer is filed against me!! What do I do!? I am so not going to be kicked out for their stupidity! I have a the proof and receipt that they cashed my money order! They even said that I should give them 400 dollars and they'll drop the charges!! WTF!? What do I do?!

Attorney answers (2)

  1. James Carl Eschen III

    Contributor Level 16


    Lawyers agree

    Answered . The first thing you should do is close your eyes and breathe deeply for about ten seconds.

    Now, make a copy of the money order, along with its endorsement, and send it to your landlord, along with a letter saying that, if she does not dismiss the action, you will sue her for malicious prosecution. If you do not get a favorable response, you must then file an answer denying the allegation and go to trial.

    Your lease probably provides for attorney's fees to the prevailing party.

  2. Cheryl Rivera Smith

    Contributor Level 20

    Answered . After giving your landlord proof of payment, if they fail to dismiss the suit, be sure you show up to present your evidence. Check the deadlines - if you can counterclaim, you don't want to miss the deadline.

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