Return of Vacation Rental Deposit/Small Claims

[egcam]

I have done all my due diligence to recover my $600 rental house deposit (occupancy of more than 7 days) including phone, email and fed ex demand letter and have sent a final notice today via email. The deposit, per the rental agreement, was due back 30 days after I left on June 4, and as of Sept 20, nothing. The landlord acknowledges via email they are having "issues" returning the dollars but vague responses as to when (they did offer to wire transfer it into my bank account--no way. While staying at the rental we had many issues too numerous to mention here but notably, a notice nailed on the door about the rental being auctioned the following week in a foreclosure auction). I am preparing to file a small claims but have a question about jurisdiction or where to file. I live in Orange County and I signed the contract in Orange County with my address, phone etc listed on the contract. The landlord and the rental were in Ventura County. Because I signed a vacation rental contract in Orange County, can I file here or do I have to drive to Ventura County and file there? Thanks!

 

[Michael Wechsler]

Look at the court's rules within which you file. If you're going for small claims court then chances are you'll have to file in the county of the defendant. Charge for expenses in enforcing your rights - I'd take liberties with that number. Without doing so, an unscrupulous landlord loses nothing by refusing to pay. He'll force you to take time, money and effort just to get back that which he has no rightful claim to withhold.