Constructive eviction and security deposit

[DD5404]

My wife and I moved out of the leased apartment under California CC 1942, for nuisance (the apartment was really uninhabitable), one month before the expiration of the lease.

My wife sued the landlord in Small Claims Court for breach of the covenant of quiet enjoyment, and she prevailed. The landlord appeal was rejected and the judgment stands.

The landlord retained our securit deposit as a rent for the last month, because, he wrote, we broke the lease.

Can I sue him in Small Claims Court for retaining, in bad faith, our security deposit, and ask for statutory damages, or this is a case of "claim splitting"?

Los Angeles, CA

 

[Michael Wechsler]

What were the damages claimed in your suit in small claims that you won? Did they include the security deposit withheld?

 

[DD5404]

The claim was for moving expences and damages, the amount awarded was $2,770.
No, my wife did not included the claim for the security deposit withheld.

Thank you very much for your attention.