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I'm having big time issues with my former landlord over the security deposit. I filed a case in small claims court today. The deposit was $1700, there were two problems with the unit, a closet door was destroyed and the cable line was taken out for DirectTV and not replaced. Well after the 21 day cutoff she finally says she's got the money. She said she was going to mail $1100, then a couple days later claimed she got the address wrong. She then asked for my bank account info to do a direct deposit. 6 days later and multiple unreturned phone calls and emails later still no money, just an email complaining that "you didn't fix everything yourselves so you have to wait until I fix it."
So I'm fed up and do a warning letter threatening to go to small claims. I give her a day to pay me and she doesn't and I file the case suing for $5000 (3X deposit). She never sent any itemized list within 21 days, only one email about the cable. I never recieved any list of deductions after the walk through or after I moved out.
Then she says that dealing with it in small claims is "perfect, I totally agree."
This case is easy right? I literally have got nothing except some lame emails from her and it's been over a month. Any advice? My courtdate is in Sept.
File the paper work immediately for small claims court. Don't wait any longer. The trick will be to collect. Good luck. Also, ask for the full amount of the deposit.
I believe you will win the judgment. Unfortunately I also believe will have major problems trying to collect it. Regardless never give up. Use whatever means you can, i.e, BBB, collection agency, or lawyer.
Good luck!
Random emails don't count as an itemized list. But take copies of them anyway in case she tries to claim she emailed you a list. Even though the burden of proof would be on her, but she can always make something up to try to show the judge.
If it is passed the allowable timeframe and you have no itemized list or th emoney, she will be judged against in the amount of 3x your deposit. Merry x-mas in September. But don't ever count on actually recieving the money unless you cna garnish her wages.
Any e-mail or list she might come up with are not going to do her any good in court because in most states, the LL should mail the refund and statement via certified mail w/ the US Post office.
Take your lease, any handbook you might have, and any other documentation in triplicate to your hearing.
I disagree with those that say if you win, you will have a hard time collecting. If it were the LL suing the tenet, that is a true statement, because tenents disappear, have no job, no income, no car, nothing to attach.
It would be doubtful, if you could subpoena a deadbeat tenant, that they would show up in court. How are you even going to find the flake to serve him/her..?
A LL has many obvious assets to put a lien on. Easy to find, easy to serve, easy to lien if they lose...
It depends if the LL has the property in a LLC or as a private property...
I don't understand filing 3 x the deposit. I have won in small claims court but you get a judgment for the cost of filing + the amount you claim you should have gotten back. You need proof in writing and even better if you have pictures and emails.
I had pictures, video, lots of emails and bills for repair, so for me it was easy to get a judgment with interest but still haven't gotten anything. But I have time to wait and maybe one day they need a job where a background will be done or they want to rent another place and they do a background check...The judgement is in both names...so I just wait, they are young and maybe they realize one day that in order to get rid of the judgment they better pay....a collecting agency is looking out for them and I check them on many websites...isn't the internet nice, specially facebook, etc....so many people want to tell everything...hahaha
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