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    Default Gave My Landlord $200 For A Service She Didn't Perform

    My question involves landlord-tenant law in the State of: CA

    Ok, heres what happened. I needed to learn how to drive and me and my landlord have had a pretty good relationship in the past. She was in a financial crunch and just had spinal surgery recently. I offered to pay her $200 to teach me how to drive as I'm 25 and still dont have a license. It was a purely oral agreement with a couple of witnesses I could possibly pull up. I naively didnt get a receipt for it.

    I gave her the $200 on 5/08/08 and the evidence is on my bank statement, i also have a witness of me questioning her on it. She never taught me how to drive and when i attempted to ask her to do so she blamed her neck pain from the surgery and said it wasnt going to happen and said she would pay me back at the end of this month(June). Today the landlord came over and she wanted everyone to hide in their rooms and technically I am not legally obligated to 'hide out' or be a 'secret' from the landlord in the place which I live and after he left she stormed up to my room pounded on my door and she said I'm not getting my $200 back even if I take her to court or whatnot. I just want my money back.

    She still hasnt paid it back, and today after she threatened that she ISNT giving it to me because I chose to come out when the land lord was doing inspections (ITS MY RIGHT TO COME OUT AS I PLEASE, I DO NOT HAVE TO HIDE) I am probably going to take her to court over the amount owed. Do I have the right to deduct it from the rent as moneys owed? My monthly rent is $525 and I was thinking of just giving her $325 - or would i have to serve her as a a seperate small claims case? Ive heard from several sources that I can do this, but I dont want trouble in my place of living. If I give her $325 as rent I am sure a 30 day notice will follow along with heartache, but I believe it would be a retaliatory notice and wouldnt fly in the courts

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