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Old 03-16-2016, 09:00 AM
 
3 posts, read 2,359 times
Reputation: 10

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Hi all,

I am new to the forum, and been looking for information and help. It all started when I moved out of my rented house. The landlord never up kept the place, and it started to break down over the years. Now, she is keeping the security deposit, and not giving my prorated rent when she basically cut the lease short.

First, she did not have an escrow account. She also never attended the although that we had a right to. Last, she never gave us a listing of damages to contend, even after sending her our new address.

I became an expert over the security deposit law for this reason, but only with what I have read in the Uniform Residential Landlord and Tenant Act. I came with this to court feeling pretty good about the case, and the judge ignored it. Told me to appeal if I didn't like it.

This brings me to my question. I know I can appeal, but does she forgo her right to counter sue, or sue for damages if she failed to follow the security deposit law(my own ignorance is why I need this, I should have taken pictures from the beginning even though it is her damages)? Also, can I sue her for double/or triple the amount for this reason in the state of Tennessee.

Thanks for the replies.

If you have sources please provide them
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Old 03-16-2016, 09:11 AM
 
217 posts, read 247,307 times
Reputation: 583
Quote:
Originally Posted by RossWood View Post
Now, she is keeping the security deposit, and not giving my prorated rent when she basically cut the lease short.
How can she cut the lease short? A lease protects all parties.
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Old 03-16-2016, 09:18 AM
 
3 posts, read 2,359 times
Reputation: 10
She said to leave the keys, implying to get out. We had the rest of the month paid for. I was trying to cooperate with her, and to help her out. Then it became nasty.
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Old 03-16-2016, 09:28 AM
 
Location: southwest TN
8,568 posts, read 18,116,372 times
Reputation: 16707
One of the most basic pieces of information as to whether the statute you referred to applies is the county and whether it has sufficient population to be included.

Quote:
Originally Posted by RossWood View Post
Hi all,

I am new to the forum, and been looking for information and help. It all started when I moved out of my rented house. The landlord never up kept the place, and it started to break down over the years. Were there specific repairs you requested that she didn't do? Now, she is keeping the security deposit, and not giving my prorated rent when she basically cut the lease short. It's unclear whether you were a month-to-month tenant and/or whether she is required to pro-rate rent.

First, she did not have an escrow account. She also never attended never attended WHAT?the although that we had a right to. Last, she never gave us a listing of damages to contend, even after sending her our new address.

I became an expert over the security deposit law for this reason, but only with what I have read in the Uniform Residential Landlord and Tenant Act. I came with this to court What court? Who sued whom? feeling pretty good about the case, and the judge ignored it. Told me to appeal if I didn't like it.

This brings me to my question. I know I can appeal, but does she forgo her right to counter sue, or sue for damages if she failed to follow the security deposit law(my own ignorance is why I need this, I should have taken pictures from the beginning even though it is her damages)? Your landlord damaged the property? or are you claiming the damage existed prior to your move-in? Also, can I sue her for double/or triple the amount for this reason in the state of Tennessee. I don't see any indication in the statute allowing for that.

Thanks for the replies.

If you have sources please provide them
You are asking questions that you need to be asking a lawyer. Contact the TN Bar Association Lawyer Referral Service for a low-cost initial consultation or your county's legal aid or, if you're in/near Nashville, the law school may have a legal clinic.
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Old 03-16-2016, 09:30 AM
 
35,094 posts, read 51,266,619 times
Reputation: 62669
State Landlord Tenant Laws
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Old 03-16-2016, 09:43 AM
 
3 posts, read 2,359 times
Reputation: 10
Yes, there were repairs that I asked for her to do verbally, but she didn't do them.

It started on a year lease, then went from month to month after.

She never attended the walk through. Somehow I managed to delete part of that.

Civil circuit court, I sued her for not handling the security deposit correctly.

The place was damaged some when we moved in, and overtime lack of maintenance the house started to fall apart.

Lastly, the security deposit law does apply in my county.

I been trying to contact a lawyer, just haven't been able to reach one yet. Figured someone might have some inside information. Just researching and all.

Thanks.

Last edited by RossWood; 03-16-2016 at 09:46 AM.. Reason: Missing information
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Old 03-16-2016, 10:22 AM
 
27,214 posts, read 46,767,070 times
Reputation: 15667
Honestly IMO and not to be rude but I think you are wasting your time. The judge told you that you were wrong otherwise you would have easily won.

Sometimes in life you have to cut your loses and lesson learned and move on.

We win all our cases and all tenants feel they are right but they never win so in the end who do you feel is right? The one who wins and has proof on their side or the one who "feels/think/believe" is right?

It is not about thoughts but about proof. Clearly the judge didn't see your proof unless the judge was so bad.
How much was the security deposit as it sounds to me like a lower end rental and you throwing good money after bad money.
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Old 03-16-2016, 11:35 AM
 
Location: North Idaho
32,663 posts, read 48,079,532 times
Reputation: 78476
You gloss over it, but reading between the lines, a judge has already given you a ruling. You've been to court, had your ruling, get over it and get on with your life.
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