For unlawful detainers, it is important to remember that the court has very limited jurisdiction over what it can decide. The unlawful detainer court is really designed to deal with the right to possession. As a Los Angeles Real Estate Attorney, I am frequently asked about security deposit issues in unlawful detainer proceedings. Unfortunately, security deposit matters are typically dealt with outside the unlawful detainer court. Remember, unlawful detainers are all about who has a right to possession – not about whether the tenant will be able to receive a full refund of their security deposit.
One thing that a tenant can do, when faced with an unlawful detainer and the worry of no return of a security deposit, is to negotiate the return of the security deposit as a part of the settlement of the unlawful detainer. Remember, when you are settling a case you are not limited by the jurisdiction of the court. That means that the parties can settle any and all disputes that they may have with each other. Accordingly, when a tenant is concerned about the return of a security deposit the tenant can negotiate the return of the security deposit, or a portion thereof, as part of the settlement of the unlawful detainer matter.
At Schorr Law, we strive to offer more than routine representation on eviction actions. We put ourselves in our clients shoes and try to negotiate the deals our clients want. For more information, contact Schorr Law, APC, 310-954-1877, firstname.lastname@example.org, www.schorr-law.com.