LA tenant wins $61,801 after landlords keep $19,500 rental deposit

A Los Angeles tenant who paid a $19,500 deposit to rent a $9,750-a-month home has won a major legal victory against the property’s landlords. In Aviles v. Shenon, the California Court of Appeal upheld a $61,801.67 judgment in favour of former tenant Eric Aviles, rejecting the landlords’ attempt to limit court costs to $1,000 under a clause in the lease, as per Justia U.S.

Law. The decision confirms that a landlord cannot use a private lease provision to override a tenant’s statutory right to recover litigation costs after prevailing in court.The case began when Aviles rented a home in Los Angeles for $9,750 a month and paid a deposit of $19,500. After he left the property, the landlords, including defendants identified in the appeal as Shenon and others, retained the entire deposit.

Aviles sued to recover it, and the litigation eventually produced a judgment that included the deposit, damages, attorney fees and costs. Read more details about this particular case, as per Justia U.S.