Need advice for small claims court!! (apartment, lease, tenant, rental)

[EAH2244]

My landlord kept my full $500 deposit and an over payment that I made (I paid a full months rent $400 dollars on the 1st but moved out on the 7th). I talked to her about not giving 30 days and she said it was fine and she also sent me a text stating that she would pro rate it and send it back. this during the same call that she was asking me to put my keys in the mailbox.


Once I moved out she then ignored all my calls for three straight weeks, until I finally threatened to sue her. She then responded that I didn't give her 30 days notice, and I told her that had I known that she was going to lie about returning my overpaid rent, I would not have turned my keys in and just finished out the month with the apartment.

She also stated that she had to replace the carpet in the living room because it smelled of cat urine...and yes the carpet did have an animal smell, but it was like that when I moved in.

The apartment then flooded two months after I moved in and the carpet cleaning guys said it smelled like animal urine. Also, they had to replace the carpet in the bedroom due to another flood (it flooded three times), so I had the new carpet in the bedroom for a year and there was no animal smell but the old dirty carpet in the living room (that is literally a piece of carpet with no pad)... somehow my animals caused that AND I apparently owe them $500 for new carpet when the stuff they had in there when I moved in was already very old.

Doesnt make sense to me.


Also I do not live far from my old apartment so I went over there looked in the windows and the carpet they got was used. Who pays $500 for used carpet? So I got a lawyer and he sent them a demand letter. They responded that I didn't give them 30 days and that my reasons for moving, I never complained about them before...but I DID complain about them repeatedly for a year and a half, I just wasnt a ***** about it because I am a non-confrontational person.

When I told her I was moving out I did not give a reason, but I was sick of them saying they would fix stuff and then not do it so I figured why start an argument? I just wanted out.



Okay so the lawyer I had told me to go to small claims court, since its only $800.

I wanted a second opinion so I called another lawyer today, and he said that because they did not send me a list of what they were deducting and they didn't do a walk through within 30 days, that I can sue for double my deposit.

He also said that because she sent it, in writing, that she would indeed pro rate my rent, that I shouldn't have any issues getting the full months rent back.



I am so nervous about going to court, I am very shy and sort of freeze up in those situations. So I need some advice.

What are peoples experience with small claims court?

Are the judges fair?

Also, should I sue them for double my deposit plus the $300 over payment? I don't want the judge to look at me like I am just greedy and looking for a hand out, because I am not at all.

I tried to settle this with them and only wanted $500, but now I kind of want to make them pay for the stress they have put me through. Not only that but these people do this to every tenant, they don't repair or clean anything and then when you move out they claim it was your fault.

I have heard this from a couple other tenants after they moved out. When I moved in the place was filthy, and I had to clean the carpets three times.


I found needles in the cabinets..The cabinets also did not have their doors attached.


The vent in the bathroom didn't work so they shoved a grocery bag in it.


The shower wall was caving in and falling apart, the paint on the walls was not trimmed like someone just stopped brushing at how tall they were.



Holes in the doors,


drawings on the walls,


...and the list can go on and on.

I painted the place, I cleaned it and feel that I left it in better shape then when I moved in.
There is also a retaining wall that goes around my unit that is caving inwards badly threatening to hit the wall.

I took pics of when i first moved in and then when I moved out and it caved in a lot in just a year and a half.
I was always worried it was going to come through the wall to my bedroom/living room.

They claimed they would fix it, but just like everything else they didnt. Last year my air conditioning unit broke in July, it was spitting water and making the loudest noise, I texted and called both of them till October then just gave up.


I have been through hell with these people, its been my worst experience renting and I really want them to finally get what every tenant threatens but never follows through.

Maybe they will quit screwing every tenant they have. I just want to be absolutely prepared.
If I lost the case it would be really embarrassing....the lady landlord of the duo sent some really nasty texts about how Ill never win the case, her ex husband the other one said I was "naive" and said Id never win...
he also threatened to counter sue me for $1,000 when I didnt accept their original offer of $300.



I hope I dont hold the record on the longest post ever...believe it or not I have more and more stories haha. I just need an outside persons opinion on what I should do. My friends and family are clearly going to take my side and tell me to sue for a lot.

[veuvegirl]

Break this into paragraphs to make it readable.

[jmw51882]

You broke your lease.

[EAH2244]

My lease was up in July...I was month to month

[Corn-fused]

Originally Posted by EAH2244

My lease was up in July...I was month to month

Not giving proper/sufficient notice IS breaking your lease or agreement whether it be a yearly lease or a month-to-month lease. That part is a given. And, you can't just up and leave without proper notice no matter what the situation is. You have to follow certain protocol and go through particular steps BEFORE you can just vacate without penalty.

Now, for the rest of your questions, no one here can help guide you through step-by-step on exactly what you need to do to fight them in court without having every minute detail plus it is against the TOS to give you any legal advice here anyway. If you are too uncomfortable sorting this all out yourself and/or fighting this yourself in court then you will need to either find someone you know that is willing to study and research every detail as well as your state's rental laws and help you with this. OR you need to hire an attorney (or one of the 2 you have consulted with already) to assist and guide you. FYI - many states do not allow legal counsel/attorneys to be in small claims court with you so if that is the case in your city/state then you will need to appear in court yourself after being guided by someone else.

Many LLs blow a lot of smoke just to try and intimidate you even if they know they are in the wrong. So if you feel you have any case whatsoever against them then I suggest you toughen up a bit, grow some thicker skin, take a few deep breaths, get some legal advice and guidance and fight it now that you have received 'some' advice from 2 separate legal sources.

I truly hope you do fight it if either (or both) attorneys told you that things were done wrong and/or they felt you had recourse for compensation. And of course court can be intimidating but the more knowledge you gain the more power and confidence you will have.

There are also some MO rental laws in this link that your LL may have slipped up on (based on your OP) specifically that a walk-thru with tenant is required before you vacate or at bare minimum, a written offer to tenant for a walk-thru. So I suggest you read this in it's entirety:
http://landlords.about.com/od/LegalI...eposit-Law.htm

Good luck!

[EAH2244]

I never asked for someone to walk me through step-by-step. I asked for peoples advice or their personal experience with small claims. Please do not tell me to get thick skin just because I said I would be nervous in court. Ive never been to court so why wouldn't I be nervous?

[Ohky0815]

you could try to get double but good luck with that.

No the judges arent always fair.

BRING ALL YOUR EVIDENCE WITH YOU. Every letter, text, email, picture, friend, etc.

[brrabbit]

Small claims court is a waste of your time. If you think you have a case, hire a lawyer and sue her for all your expenses + lawyer's fees.

However, you'll have a very hard time trying to prove anything in court if it isn't on paper. That's why it is better to lose small time talking to an attorney (some of them give initial consultation for free), than spend a lot of time just to hear you don't have any case and face a lawsuit against you.

Generally, small claims court procedure goes like this - you write down your facts and demands on paper and mail it to your landlord company (and individual person who you dealt with) by certified mail. Give it 30 days to give you what you want. If you don't hear back from her in that time frame - go to the court, file papers, pay fee, and pay to service her with the summons. She will be able to respond back to you and the court with her response, file a counter-claim against you, or she may choose to do nothing. Anyways, you will have to appear before the judge, and if she fails to - then you're in luck and judge may automatically issue a ruling in your favor. If she appears, words means nothing, but still - recite all the facts as you remember it with the dates, etc (all of which should be in your original mail), bring as much proof as you have, and make your case. She may counter it or not... Since you did not give a written notice (or don't have no proof of it) - and you don't have no proof of her promises made by phone - you're most likely lose.

But even if you win, you're in tough luck collecting the payment. Nobody will go after her assets, or her business assets, you will have to find them yourself, then pay to constable to arrest them. Meaning... good luck and you're in for a lot of fun. It will be a good learning experience.

[AZ Manager]

Even if they didn't follow the law paragraph 6 states that they can still collect any money owed. Burden of proof is on the party that Sue's so what proof do you have that the carpet was damaged before you moved in? As for the rent portion good luck with a text.

[oregonwoodsmoke]

You've had two different lawyers, so maybe you should take their advice? No one here can give you legal advice.

If you go to small claims court, you must provide proof of all your claims. The judge is not interested in he said/ she said. You'll need photos, receipts, a copy of your rental agreement, copies of all correspondence about your moving out.

The landlord will need to provide the same.

The judge will not give you anything for the stress you have felt. The judge will not care about repairs that were not done, unless you have proof that the damage existed before you moved in and the landlord tried to charge you for it. Proof, not just your word for it.

It's relatively inexpensive to go to small claims court. I can do it for about $175, including having the sheriff deliver the summons. You represent yourself. You tell the judge why you should not have to pay and you present all of your paperwork, photos, written documents to back up your version.

The landlord will tell their side and present all of their documents, photos, and paperwork.

The judge looks at both and then he decides. It's more of a study of account balances than it is about whether or not you were wronged. Does the landlord owe you money? That's all it is about. Can you back up your claim? Does the landlord have receipts? It has nothing to do with falling down garden walls or how stressed you were. In fact, you'd better hope nobody gets paid for their stress, because stress goes both ways and you have caused your landlord stress. There is no guarantee that a judge would think that you have worse stress than the landlord did. Nobody gets paid for their stress.