Quote:
Originally Posted by jenjeny
... I gave a deposit of $950 for a deposit. Manager called me next day after applying saying credit looks good bring a $950 deposit, dumb me didn't ask for a receipt. He never specified it would be a holding deposit. I called him a few days later asking if he had the contract for us to review and he said come over any day and bring it signed the day you move in which was supposed to be Augusts 1st. After driving around the neighborhood at night saw it's very dark and all kinds of people use alley behind the apartment building, That's my fault should checked before, I decided not to move in. Called him June 9th, 13 days after gave deposit to let him know. Asked for pro-rated part of deposit, but landlord said no, and to be grateful they were not gonna hold me accountable for rest of 1 year lease. Even after giving a deposit, never sign lease or discussed lease terms, I'm trying to get deposited back minus pro rated rent for the days unit was off the market. I'm also worry if I take it to small claims they can make me pay for time unit it's not rented. Any light would be so much appreciated
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I'm afraid you made a fatal mistake. First of all, your language is not clear so I take that to mean that you DID NOT sign any lease. Tell us if this is incorrect.
If you did not sign any lease then the landlord cannot hold your deposit back. You have no legally binding contract.
However... Big HOWEVER!!! This is the fatal mistake. You paid cash and did not get a receipt!!!
NEVER PAY CASH WITHOUT GETTING A RECEIPT!!! If you paid by check, tell us. That would change everything.
You are in the position that you have no proof you paid anything. You have placed your $950 in the hands of a stranger who may or may not be honest.
As far as small claims court, rule #1 is bring all your documentation. You have none. You can proceed with the case and hope the landlord will state the truth in court. Who knows? Apparently the landlord has no documentation either. That turns this into a "he said, she said" case.
I advise you should investigate the filing fee of bringing suit in small claims court, and also the service fee to serve the defendant a subpoena to appear. Decide if you want to gamble that landlord is honest, because if I understand the facts of your case -- if landlord says "what deposit?" you lose. You also lose your filing fee and service fee.
NASTY TRICKS FOR SMALL CLAIMS COURT 101:
OP, do not follow this part. You are already on thin ice. I use these tactics when I hold all the cards, and only when I hold all the cards!
1. Send a demand letter via registered or certified mail.
2. If no response within 30 days, I head on down to small claims court and get the proper forms. I add the disputed amount plus filing fee plus service fee and that is the amount I file my lawsuit is for: disputed amount plus my court costs. I file it.
3. For service, in my area usually a Marshall, I add to the subpoena, "I understand tenant works early shift and I request delivery before 6:00 a.m." <evil grin>
That last part is for "mess with me and you will end up waking up to a law enforcement lawyer pounding on your front door at 5:30 a.m." Wakey, wakey!
4. Finally, appear on your court date with all your documentation and hope defendant shows up with no documentation, or is late, or shows up with only a dumb look on their face.
Documentation always beats a dumb look on a face plus a rambling story. Also, I speak well in court, I'm not embarrassed to speak in front of an audience, and I stick to the shortest explanation that conveys all the facts. I imagine the judge is very bored -- this is not like Court TV -- and I'm sure my brevity is appreciated.
I tell my story and hand my documentation to the court clerk. Defendant states their side of the case. Judge considers, then renders a verdict. -- collecting is another matter and I'll cover that another day in SMALL CLAIMS COURT 102. In my jurisdiction the losing party has 30 days to pay up.
So there you have it. But your problem is that you have no receipt. You may file anyway and hope the landlord will admit to receiving your fee, and will not be able to produce a valid rental contract. In this case you may win, but don't count on it.
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