I am filing a case in small claims against my previous landlord. She did not return my deposit within (21) days as required by CA law. In addition to that yesterday I received a letter from her stating some ludacrist repairs that she says she had to do, and finally gave me the amount she was supposed to pay me. However she included a note saying she doesn't have enough money to give me my deposit back and she will "try" to come up with it next month? She is saying that we breached our lease and forfeited our deposit because we didn't pay our last months rent. Even though we had to move because she refused to fix our heater that was broke. I have also tried contact with her to which she told me I was not getting anything back, then hung up on me. I also mailed her a certified letter which she refuses to accept. So my questions:
Would I have a case since she is stating she can not pay us our deposit back because she "does not have enough money"...?
Did we breach our lease? Although we had to move since she refused to fix our heater? If we did do we forfeit our whole deposit? I understand the last months rent is going to come out of the deposit but I dont think she should be able to keep all of it, which she has a 5k deposit.
Would I have a case since she is stating she can not pay us our deposit back because she "does not have enough money"...?
Did we breach our lease? Although we had to move since she refused to fix our heater? If we did do we forfeit our whole deposit? I understand the last months rent is going to come out of the deposit but I dont think she should be able to keep all of it, which she has a 5k deposit.