In addition, in some cases, the filing of the small claims procedure results in a solution between the two parties involved. Many people think that avoiding time in court is worth what they would pay to settle the dispute. Other people weigh their chances of being the losing party and decide to settle the dispute outside of court. LawHelpCA is California`s official free legal resource funded by the State Bar of California and generous donations from legal aid providers throughout the state. It offers many resources for low-contentious procedures. A lease is a mandatory legal contract between you and your landlord. If you sign a lease, you agree to pay the rent of the property for the specified period, usually 12 months. If you break the lease and withdraw before the end of your period, you are still responsible for paying the rent. Even if you give 60 days` notice, there are many scenarios in which breaking your lease puts you in small claims court. Gather the evidence. The preparation of the trial includes the synthesis of all available evidence and the presentation of a coherent presentation of the events before the courts. The schedule is important here, as it documents for the court all cases of contact with the owner.

The more consistently the lawsuit can be filed and supported, the more likely it is to prevail in court. Of course, that`s what lawyers do, but for small claims, it`s up to the plaintiff herself. The court provides a useful checklist. Of course, the most common reason is to take someone to small claims court, to recover the money owed, whether it`s the unpaid rent or the money to repair the damage to the property. You can also take legal action to obtain additional damages. For example, if your tenant interrupts the lease with an early move, you can sue them for the rent due for the rest of the lease. Depending on your state laws, you can also sue them for the costs of finding a new tenant. Tenants pay a deposit upon signing a rental agreement, which usually corresponds to one or two months of rental.

If you break a rental agreement, your landlord can use this deposit to offset the rent due. They are also responsible for damage to the rented building. Even if you inform 60 days in advance of your evacuation, the deposit may not be sufficient to cover the rent due plus the cost of repairing the damage on your part or your guests. The landlord must provide you with a detailed list of deductions from your deposit as well as an amount still due. If you don`t pay that amount, the landlord can take you to court for small claims….