We evicted a tenant in 2010 because of non-payment of rent. The Unlawful Detainer trial provided judgment for us and directed them to vacate premises. The Case was continued for 3 months to allow defendant to pay total money owed and to vacate timely.
The Court minute order stated: "Security deposit to be applied to judgment per 1950.5". The tenants were provided a security deposit itemization, invoices and proof that work had been done 16 days after they moved out.
The tenants complete security deposit was used to clean and repair the unit. There was nothing left to apply to the judgment.
The case returned to court 3 months later at which time defendant did not pay judgment amount. The Court directed that the hearing go off calendar and the judgment to stand.
We went through collections to collect the judgment amount.
Six months after final payment, the defendant has sued us in small claims court for his security deposit.
Wasn't the issue of the security deposit decided when the Court directed that the judgment stand? There is no longer a judgment for the security deposit to be applied to. What's our best defense in Court?
The Court minute order stated: "Security deposit to be applied to judgment per 1950.5". The tenants were provided a security deposit itemization, invoices and proof that work had been done 16 days after they moved out.
The tenants complete security deposit was used to clean and repair the unit. There was nothing left to apply to the judgment.
The case returned to court 3 months later at which time defendant did not pay judgment amount. The Court directed that the hearing go off calendar and the judgment to stand.
We went through collections to collect the judgment amount.
Six months after final payment, the defendant has sued us in small claims court for his security deposit.
Wasn't the issue of the security deposit decided when the Court directed that the judgment stand? There is no longer a judgment for the security deposit to be applied to. What's our best defense in Court?
