There's always two sides to every story and, in the case of Landlord and Tenant, this is also true. If you have a claim against your Landlord and the damages (that is, the money that you are seeking) are less than $10,000, you may file a complaint in small claims court provided that you've demanded the damages in writing and given the Landlord some time to contact you to resolve the issues between you.
In small claims court, parties represent themselves and present their cases to the judge along with their evidence. Evidence that can be presented includes emails and texts, photographs, lease agreements, etc. Witnesses can also appear in court to testify on your behalf. The state of California publishes a great guide to small claims court which is an excellent primer and will help you prepare to file a claim and appear in court. And, the guide is free! Click on this link to check it out.
But, if you prevail in court (that is, you win), there is a judgment against the other party, and you are awarded damages, the other party may not pay you. To collect, you may need to hire a debt collection agency or file a lien against their property.
However, there is another way to collect, providing that you have a good case and you prevail. You can submit your case to Hot Bench, a nationally syndicated TV show where a panel of three seasoned attorneys, who act as judges, arbitrate your case.
Then again, you may not want to air your differences on national TV but feel more comfortable airing your differences in a small courtroom. What many people don't realize is that a court complaint becomes a matter of public record so even if your case is decided in a smaller venue than a syndicated TV show, your case is still publicly available and your Landlord Tenant story is told to a greater audience than the small courtroom before you. But, sometimes your story needs to be told. And, sometimes, your story will help other tenants gather the courage to ask for what is rightfully theirs.
