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Old 05-07-2011, 07:45 PM
 
Location: Long Island
9,933 posts, read 23,161,205 times
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Quote:
Originally Posted by AJohnston_STL View Post
I would imagine they will lie about the condition the house is left in and what not, which means I need to take a lot of good pictures and get them printed to take to court with me.
Just to be sure, the day you take the photos, take some of them with that day's newspaper which shows the date, so the LL can't say they were taken some other time... I've heard some horror stories
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Old 05-07-2011, 11:38 PM
 
4,918 posts, read 22,685,783 times
Reputation: 6303
Quote:
Originally Posted by AJohnston_STL View Post
I looked up Missouri's landlord-tenant laws and found that they have 30 days to return the security deposit or I can sue them for up to 2x the security deposit. Sounds like if this house doesn't work out I'll be bringing in a cool $1,764.
Just wanted to say that just because a law says you can sue for up to X times the money, that does not mean you will get X times the money. I have seen many times when a place was sold or bought in a forclosure and the first LL didn;t turn over the security deposits to the second LL, judges may enter a judgement of the security deposit but nothing else because the second LL is also a victim. I have also seen where they award a judgement but against the first LL and you now have to go after that person to collect if you can find them. And I have seen them award nothing because the second LL never had your security deposit to return.
So don't count on the security deposit or extar money being retun until the judge rules.
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Old 05-08-2011, 10:43 AM
 
Location: Tampa (by way of Omaha)
14,561 posts, read 23,074,327 times
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Quote:
Originally Posted by PacificFlights View Post
I have also seen where they award a judgement but against the first LL and you now have to go after that person to collect if you can find them.
Wait, what? That's impossible. A judge cannot enter a judgement against someone who is not party to the lawsuit. That violates the most basic principles of due process.
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Old 05-09-2011, 02:53 PM
 
4,918 posts, read 22,685,783 times
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Quote:
Originally Posted by Bosco55David View Post
Wait, what? That's impossible. A judge cannot enter a judgement against someone who is not party to the lawsuit. That violates the most basic principles of due process.
It may have to do with how different states write their laws and how they handle trust account for security deposits. If you buy a property from someone and its a rental, the buyer is supposed to get a transfer of security deposits. Until that is done, many states have buried within their laws something that the seller is appointing the buyer as their agent for security deposit trust account on that property until all security deposits are transfered. When you sue, you are supposed to name both but can serve it on the new LL as the landlord and as the trust account agent for the seller. It doesn;t appear to be widespread but my understanding is its a bit more common than most people know and even less common that people know how to use it. What makes it hard is that even if the judge says the funds are due from the first LL, you really have little ways to colect otherwise the second Ll would have tried collecting from the first Ll..
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Old 05-11-2011, 08:43 PM
 
Location: St Louis County, MO
711 posts, read 2,108,395 times
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So are you guys ready for this bombshell?

I got the proof of the security deposit back, and the company on the "For deposit only" line is the landlord who claims they never received the security deposit.

Slam dunk
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