How can I sue an out of state landlord for my deposit?

Question

Our landlord returned our partial deposit 37 days after the lease ended, which is 7 days later than the law provides. He is saying that we did not surrender the property until a week after the lease was up, which is why the deposit was returned late. We left some stuff there after we moved out and we forgot to pick it up for awhile. They found a bag of pot in the kitchen too, I think it might have been one of ours. Landlord is using that as another reason for late return, saying that it freaked out the house cleaners. He took $900 of our deposit for cleaning and late rent charges. He gave us $500 back. How do I sue him for the remaining deposit? He lives in a different state, and he no longer owns the property.

Answer 1

You are going to have a hard time getting sympathy from the judge considering the pot is a federal offense.

He was entitled to the late rent, since you left things behind. He could not legally retake the property with your stuff there.

If you want to pursue it you file in small claims where the property is located. They don't care what state he is in now. He can either show up or arrange to do the hearing with him on the telephone.

Answer 2

You don't sue him. If you left some of your property in the premises, he is correct in stating that you did not surrender the property when your lease expired. He is allowed to collect the full month's rent for that period (not just prorated days), plus expenses to return the premises to the same condition in which you received them, except for normal wear and tear. The law does not provide that he must return the earnest within 30 days after the lease ends. It is 30 days after your tenancy ends. He is within the law, and you're on the outside looking in. Give it up and learn a lesson from it.

Answer 3

you will have to file in the state he lives in, then in small claims

leaving stuff in the place can be contented as still occupied by you and the pot thing is not going to be well in your favor in front of a judge

i think you may want to seriously considered the risks versus the rewards, if you feel good about it then sue in what ever state the landlord now lives in

Answer 4

Be glad you got anything back, honestly. The deposit is to be used for cleaning, and for fixing anything above and beyond normal wear and tear. Guess who gets to decide what "normal wear and tear" constitutes? Yep, that'd be the landlord.

With your situation, I wouldn't touch court with a 10-foot pole. Write off your deposit and learn your lesson.

Answer 5

The longer you lived there, the extra stable your case. Even with out dogs, carpet lasts approximately 7 years tops. So he could have reason on the carpet assuming it became wiped sparkling (teach with a receipt) or replaced (prover that too). He can sue for something he needs, yet gathering misplaced wages and shuttle expenditures are problematic till you lawsuit is easily with out benefit. verify the county court docket archives on line in case you could and notice if different tenants have sued him.