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Old 07-08-2014, 10:24 AM
 
Location: southwest TN
8,568 posts, read 18,072,306 times
Reputation: 16702

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Small claims court is set up so the judge tries to get at the truth of the matter, rather than needing an attorney. Bring everything you have to document everything. DO NOT BRING up the issue of foster children as it is not relevant to your case. That you never did get an itemized statement of charges against the deposit, will hurt the landlord, assuming you left a forwarding address with the landlord and with the post office.
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Old 07-08-2014, 01:59 PM
 
1,669 posts, read 2,236,596 times
Reputation: 1780
Look, if the OP isn't comfortable interpreting the lease and legal documentation (which they clearly are not since they are here asking questions about it) the absolute best course of action is to at least talk to an attorney. You might be able to avoid going through the whole process of a suit and court.

Anyone who tells you not to seek competent legal counsel in the face of a lawsuit is ignorant at best.
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Old 07-08-2014, 02:58 PM
 
Location: Kansas City North
6,810 posts, read 11,474,889 times
Reputation: 17097
Quote:
Originally Posted by lizardspock View Post
Look, if the OP isn't comfortable interpreting the lease and legal documentation (which they clearly are not since they are here asking questions about it) the absolute best course of action is to at least talk to an attorney. You might be able to avoid going through the whole process of a suit and court.

Anyone who tells you not to seek competent legal counsel in the face of a lawsuit is ignorant at best.
I realize I should have been more clear. OP doesn't need a lawyer to figure out the late charges, but they could use one if they are going to contest anything else.
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Old 07-09-2014, 12:54 PM
 
Location: southwest TN
8,568 posts, read 18,072,306 times
Reputation: 16702
I am absolutely pro-lawyer. Small Claims court is set up for the people who don't even consider a lawyer and who really have no idea what legal terminology means in everyday words. BUT, it sure would not hurt to have a consultation with an attorney.

Low cost legal advice IS available - through the Lawyer Referral Service provided through every Bar Association (has nothing to do with drinking but with lawyers) in the country. Just look up Lawyer Referral Service on line for your city, county, state.
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Old 07-10-2014, 09:36 AM
 
4 posts, read 5,981 times
Reputation: 10
Thank you all for the postings, sorry I got busy with work and wasn't able to reply.

That said the lease agreement mentions late fees but we made agreements monthly with the landlord to pay on the date coinciding with pay schedules. I have a recorded conversation where the female landlord acknowledges they never requested late fees from us.

The reason we would have paid thru february 2014 was to complete the 60 day notice clause, they moved someone in on february 10th and tried to charge us the full month. We did not pay the full month but a pro rated amount which ended our lease agreement.

The thing that we don't understand is how anyone can charge "Liability fees" "Move out fees" when those were not mentioned in the lease and are not legal fees in the state of KS.
We go to court tomorrow and have no time to contact an attorney so we have been versing ourselves in Kansas landlord tenant laws.
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Old 07-10-2014, 12:06 PM
 
Location: southwest TN
8,568 posts, read 18,072,306 times
Reputation: 16702
As I said upthread, the judge will try to get at the truth of the matter. Remain calm, be factual, and be clear. Verbosity tries a judge's patience as does exaggeration. Answer the questions as clean as possible while giving pertinent info but not what is not specifically responsive to the judge's questions. And do NOT interrupt either the judge or other party no matter how obvious a lie or fabrication. You WILL get your turn. Do not forget any documents; have them organized in a folder or binder.

Good luck to you.
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Old 07-10-2014, 04:37 PM
 
4 posts, read 5,981 times
Reputation: 10
Thanks NY Annie,

I work in Law enforcement so I'm familiar with court of law, just not small claims with landlords

I have the laws we will be citing printed out in order of importance as well as a timeline showing our time with the landlords. I'm hoping that the truth will work out for us in this case.. I'll let you guys know how it goes.

Thanks for all the suggestions.
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Old 07-11-2014, 01:22 PM
 
Location: Wyoming
9,724 posts, read 21,190,708 times
Reputation: 14823
Quote:
Originally Posted by NY Annie View Post
...do NOT interrupt either the judge or other party no matter how obvious a lie or fabrication....
Good point. Have a note pad or simply sheet of paper where you can make a note of any "lie or fabrication" you hear (or to explain any statement made) so you can address those points when it's your turn to talk. That's much better than trying to interrupt, make a face, roll your eyes, raise your hand, etc. while the judge or landlord is talking, and you'll not forget to make the rebuttal. Good luck!
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