Court

[2EVES]

My former landlord, as of 2 wks ago, is avoiding all of my communication attempts, regarding my security deposit. Today, I'm sending her a letter as my last attempt. I hope she responds...otherwise we're heading to small claims court. This would be only the 2nd time, in my 25 yrs of renting,  that i had to do this.

 

The sad part is that we had an awesome relationship, (so i thought) and, said we'd liked to stay in touch. But, as usual, money changes things with some people.

 

Have any of you taken a landlord to court?

[niall]

In Australia we have the Residential Tenancy Authority and all security deposits must go through them. If there is any dispute between tenant and landlord they act as a third party to resolve the issue.

Check to see if you have any similar organisation in your country.

If you think it will go to court, make sure you keep a record of your attempts to communicate with your landlord. In fact, keep a record of everything. Communicate via email, text message, or written letter if possible, as people can always deny anything they said in a verbal conversation, and recording (taping) a conversation may be illegal depending on where you are.

If you do communicate verbally, write lots of notes about your conversation and email them to yourself as a record, and do it as soon as possible after your conversation. Don't email them to someone else as that might be a violation of your landlord's privacy. Use the email as a journal as well, for any actions you have taken.

If it comes to the crunch, a judge will value your date and time stamped email record higher than the other persons "memory of events."

I hope you resolve matters without going to court.

[Sylv]

My former landlord, as of 2 wks ago, is avoiding all of my communication attempts, regarding my security deposit. Today, I'm sending her a letter as my last attempt. I hope she responds...otherwise we're heading to small claims court. This would be only the 2nd time, in my 25 yrs of renting,  that i had to do this.

 

The sad part is that we had an awesome relationship, (so i thought) and, said we'd liked to stay in touch. But, as usual, money changes things with some people.

 

Have any of you taken a landlord to court?

Make sure you send the letter by registered mail, so that you can prove you sent it and that she received it. Also keep a copy of the letter.

[Ahuvah]

She may claim in court too she had a right to hang onto your security deposit - make sure you have photos of the premises when you left it at least I hope you have some.

[2EVES]

She may claim in court too she had a right to hang onto your security deposit - make sure you have photos of the premises when you left it at least I hope you have some.

that's what's disturbing...She can't claim any damages. The section 8 office already confirmed that.

 

In Australia we have the Residential Tenancy Authority and all security deposits must go through them. If there is any dispute between tenant and landlord they act as a third party to resolve the issue.

Check to see if you have any similar organisation in your country.

If you think it will go to court, make sure you keep a record of your attempts to communicate with your landlord. In fact, keep a record of everything. Communicate via email, text message, or written letter if possible, as people can always deny anything they said in a verbal conversation, and recording (taping) a conversation may be illegal depending on where you are.

If you do communicate verbally, write lots of notes about your conversation and email them to yourself as a record, and do it as soon as possible after your conversation. Don't email them to someone else as that might be a violation of your landlord's privacy. Use the email as a journal as well, for any actions you have taken.

If it comes to the crunch, a judge will value your date and time stamped email record higher than the other persons "memory of events."

I hope you resolve matters without going to court.

 Yes, the court does offer a mediator. I need to find out if the would 'mediate' before it goes to court. Thanks!

[Ahuvah]

Good I'm glad you the 'damages' sorted already... then she will have to refund if your rent is up to date and there are no damages ... I KNOW because I watch a lot of Judge Judy!! haha.

[2EVES]

Make sure you send the letter by registered mail, so that you can prove you sent it and that she received it. Also keep a copy of the letter.

I did put a letter in her mailbox today, and, i gave a copy to the Section 8 office. But, yes registered would've been better. If she doesn't respond...that'll be the next move. Thanks!

[2EVES]

Good I'm glad you the 'damages' sorted already... then she will have to refund if your rent is up to date and there are no damages ... I KNOW because I watch a lot of Judge Judy!! haha.

hilarious that you said that. A sister said the same thing to me yesterday in our car group. "Judge Judy said".....but, she couldn't finished the sentence, because we all started laughing so hard.  So what did the Judge say?

[Allabord4Jah]

On one of many of Judge Judy episodes revealed that a landlady kept the security deposit because she had pictures of the apartment she rented it to the defendant.  The Defendant had pictures too, before and after.  She looked at both pictures, and saw the dates on the pictures.  The landlady pictures were taken months before the Defendant moved in.  The Defendant had pictures the day she moved in and it looked nothing like the ones the landlady had.  And the after pictures of moving out, there was no damage to the unit other then wear and tear.  Judge Judy called the landlady a sham, and slum lord, "you lied to me Madame!"  The Defendant got her security deposit back, all $1200.00.  The holes in the wall and torn carpet had to be repaired by the landlady.  Judge Judy told her its normal stuff that landlords are to fix and clean up, not the renters.  The landlady did not prove her case.  Pictures speak louder then words!  And of course, the date of the picture helps too.  

Edited March 12, 2015 by allabord4jah

[Ahuvah]

Yeah while I'm open mouthed at some of the antics on Judge Judy - she knows when someone is pulling a swifty - very clever lady. Just get everything documented and photographed and you have truth on your side - judges instinctively know when someone is lying to them. All the best. x

[LeslieDean]

Judge Judy scares me to death!  She does not listen and she is so abrassive.  I know 144,000 who will make much better judges!

[Rosalie4u]

In many states the Landlord has 30 days to notify ex-tenants of any charges and to refund security deposit monies.  That is the law in S.C., but I looked up the laws in N.Y. and it states "within a reasonable amount of time" and it is interpreted as "21 to 45 days".  So you may have to wait a bit for your refund.

[2EVES]

In many states the Landlord has 30 days to notify ex-tenants of any charges and to refund security deposit monies.  That is the law in S.C., but I looked up the laws in N.Y. and it states "within a reasonable amount of time" and it is interpreted as "21 to 45 days".  So you may have to wait a bit for your refund.

thanks! what site did you find that info.?

[RaymondG]

Heh, heh...

On the internet, where else?

[2EVES]

Heh, heh...

On the internet, where else?

ok...i meant... what site?  because my googling gave to many vague scenarios. I didn't find anything as definitive, as Rosalie. (is that better bro.?)

[Witness1970]

My former landlord, as of 2 wks ago, is avoiding all of my communication attempts, regarding my security deposit. Today, I'm sending her a letter as my last attempt. I hope she responds...otherwise we're heading to small claims court. This would be only the 2nd time, in my 25 yrs of renting,  that i had to do this.

 

The sad part is that we had an awesome relationship, (so i thought) and, said we'd liked to stay in touch. But, as usual, money changes things with some people.

 

Have any of you taken a landlord to court?

I have rented an apartment only twice and both were short term. The first time I rented I had to sign a six-month lease. After about two months I had to move out. I told them I was moving out in two weeks. I moved my stuff out immediately. A few days later, during the time for which I had already paid for I went back to the apartment one morning to check and make sure I had everything out. When I unlocked the door and opened it slightly I saw someone had moved furniture in. Basically the apartment comp[lex had moved someone else in before the time I had paid for ended. It was early morning and I assume everyone was asleep. I closed the door and walked away and turned in my keys. It was early morning as I said but they had a drop box for keys. The apartment complex never asked me for any money on the six-month lease I had signed.

[Rosalie4u]

Sorry, I did not save the site.