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does anyone know anything about a "bad faith estimate"? The attorney just mentioned it because the first itemized list not only equaled exactly my deposit but it is so different from the invoice that was sent. Also the invoice had parts blacked out so i couldnt see the company or person doing the work. Not sure what the judge would consider a bad faith estimate. worth looking into? dont want to come off greedy, just want what id owed.
Well sure. It is just as I, and others have said. They were grasping for straws, being deceitful on their means to keep your deposit, pushing the envelope, making things up, being shoddy, slimy and lying.
It is pretty obvious with their first attempt making it equal to your actual deposit and then when you actually challenged them they had to scramble and come up with something they considered looked more 'legit' but it is backfiring on them and because they pretty much changed everything from their first list they screwed up because then it basically makes them over the first 30 days.
I am sure most judges will see what your PM company was trying to do and has probably done to many, many others out there but no one, or not many, have challenged it.
I don't understand why you ask if it is worth looking into(?) You said you filed. This is no different then what you have been stating all along as well as many of us have been stating. This should all be part of your defense in court. Exactly why I am rooting for you!
Last edited by Corn-fused; 07-12-2015 at 07:17 PM..
I have a feeling that you may see them wanting to settle out of court once they get the papers served on them. At least if they have any brains they would.
Yes I have already filed. I didnt ask the attorney if I could ask in court for 2x the amount or if it had to be done when filing the claim. Just wasnt sure.
If the tenant does object to your claim:
The matter could go to court. Whichever party wins will be entitled to the court awarded sum, plus will be allowed to recover court costs and attorney fees from the losing party.
But I would be pretty optimistic that they will award more due to the bad faith estimates, charging for normal wear and tear, complete different itemizations and possibly a penalty for being over 30 days if they rule that it was.
This may help some on preparing for court and what to expect:
Thank You! great info!!! my pre-trial hearing is 8/11- I will let you know how everything worked out. Thanks for educating me on these issues. You have been a huge help! Im feeling confident!!!!
Update--
Just got a call from the management company concerning my deposit. The landlord wants to settle for $600. This is what I asked for in my demand letter and she refused. My filing fees and process server costs were over $300. Im now out more money and really dont want to eat these extra costs. Im thinking she knows she is going to lose and just wants to settle. She said if I proceed with court her lawyer will represent her. So torn. I want it to be over, but knowing Im now out more money because she refused to settle sickens me. I dont want her to do this to her next tenant. Do I proceed to court or settle. Need advice.
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