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I have an issue with my previous landlord which I am not sure how to deal with. I am new in the US (in Los Angeles more specifically) and not familiar with legislation. I rented a room over the internet. The contract was signed over email. The lease term was supposed to start on the 1st of August. When I came here on the 3rd of August I found out that my room was rented to someone else who had a contract until the 15th. The landlord supposedly made a mistake and didnt notice the discrepancy in the lease terms of the two contracts.

After staying for two days in a different room in the same property I moved out and asked for a refund of my deposit (claiming that he breached our contract) and the guy of course didnt give it back. Honestly, the reason I moved out is because I didnt like the guy's attitude at all, and found it hard to believe that he didnt notice the overlap on the contract' terms.

So, my questions are:

How do I legally proceed in order to get my deposit back? Do I need to sue him?

Would it make any sense for me to sue him? or if I do, I might end up paying more money and never getting my deposit back?

Could I make additional claims? So for instance in my home country if a landlord breaches a contract then s/he has to refund twice the amount of the deposit to the tenant. Anything similar here?

Thanks a lot!

Panagiotis Kyriakis
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  • Hey, what are the circumstances around your staying in the other room for two days? Basically, why did you stay in the other room for two days and how did it happen that you stayed in the other room for two days? For example, if he suggested you do that and wait until the other tenant leaves and you said "Okay" (or agreed in any other manner) and did so for two days and then left, it may be tougher for you to make a claim. – A.fm. Aug 19 '17 at 05:14
  • I stayed because I had nowhere else to go at that time. I was initially fine with staying there for two weeks until the other tenant moves out, but the landlord was stubbornly insisting that I pay my first rent, the remaining of my deposit and utilities deposit (for the room that I had actually rented) in advanced of me moving in. I told him I will pay the amount due when I actually move in to my room and he didnt accept that so I moved out. I guess my only option is to sue him. How much would this cost? Hiring a lawyer etc? and how long would it take? – Panagiotis Kyriakis Aug 20 '17 at 01:11

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