Am I entitled to any of my security deposit back?

Question

I was evicted back in Feb. A judgment of $1662 was entered against me. I worked out an agreement with my landlord's lawyer where I could stay in the apt until the end of my lease, March 31st, as long as I made weekly payments of $200 towards the back rent. I made my payments as agreed & up to this point had paid $1200 & owed $462. It was also agreed that the last two months rent paid were to be applied to Feb & March's rent. The 2nd Sat in March the landlord left an invoice in my door where they were charging me for March + a late fee + a court filing fee. I moved out of the apt March 30th. The landlord claims I did $460 in damage to the apt & I still have an unpaid balance with them. So they took my security deposit & applied it to the damages (which they are entitled to do) & the unpaid balance & say I still owe them $164. So I’m confused, do I owe them $164 + $462? I should not have been charged for March at all and court costs were included in the judgment so what do I really owe?

Answer 1

A court filing fee is not the fee for the courtroom itself or the 'trial' fees. It is separate, you may owe for that. You also owe $164 , it is the amount that is left over for the filing fee, and the back rent still owed and damage fee. The landlord combined these three fees into one balance. The landlord then took your security deposit and subtracted that from this balance, leaving you owing $164. You need to pay the landlord 164$ and you should be finished. Get receipts for all payments made, they should be signed by the landlord or his secretary /office manager. Good luck to you.

Answer 2

That's a good question. It depends if the judgment really did include all court costs and attorneys fees. I depends upon the exact nature of your agreement with the lawyer. Do you have the agreement from the lawyer in writing? Since the lawsuit from your landlord went to a judgment, judgments do carry interest, usually 12%, until paid. You might want to consider that. You do have to pay all the judgment amount, as long as that is what you and the lawyer agreed. What was the judgment amount for? If the judgment was rendered in February, was it for rent or costs from earlier months? Was it for the amount you mentioned because it covered rent until the end of the lease? If it covered rent until the end of the lease and the lawyer merely let you continue living there until the lease end because the judgment required you to pay the rent anyway, then you should only owe the amount of the lease. If you really did do damage to the apt (and little things could add up), like small holes in the walls, scuff marks from moving, etc., then the landlord could apply the security deposit to the damage. It is possible you owe the remaining judgment sums plus the amount the landlord is claiming.

Answer 3

Looks like you'll need a trip to Judge Judy. She handles these cases all the time. I know they have very strict rules about landlords withholding security. If you do go to small claims court, make sure you have paperwork to back everything up that you profess.