My ex-landlord is a lawyer and I need to go to small claims court to get my $4,000+ deposit back. I need help?

Question

We were going to buy his house with a FHA mortgage under the conditions the appraiser approved it, we went to contract and put down almost $5000 deposit but then we had to move out of the rental we were in so the lawyer said we could rent the house we wanted to buy until we got the appraisal and approval. We signed a lease and used the contract deposit as a security deposit. There were alot of things he needed to do before we could get approval which he didn't. Long story short - appraiser wouldn't approve the house -landlord/lawyer didn't fix it up. We stayed six years it started falling apart and getting hazardous to live in, we gave notice and moved out , asked for our large deposit back several times never got answer or money. He refused our last certified mail request now it's almost a year later he hasn't been able to rent or sell and we need our deposit back. What should I know before I go to small claims court? I know he will have tricks up his sleeve.

Answer 1

I just went to court for a custody battle and was very worried because my ex's attorney was a complete jerk! My attorney kept telling me not to worry about their case worry about mine. As long as you are well prepared, have plenty of documentation, pictures, expenses you incurred (or were out), proof that the appraiser wouldn't approve the house etc. then you should be fine. Just remember to focus on your case and be well prepared, show that this man was a crook and took advantage of you! Don't worry about his tricks, you could worry yourself sick, I know because I have been there.

Answer 2

If the fact pattern is exactly as you say, you just need to show up in court with the following:

A copy of the purchase agreement on the house, with the report from the appraiser showing that the condition of the appraisal was not met.

A copy of the rental agreement on the house, including the language about your down payment being used as a security deposit.

A receipt for the money you used as the down payment, or a copy of the cashed check you used to pay the down payment.

Copies of the correspondence between you and the landlord in which you request your security deposit back.

If you show up to court with that information, the judge will ask you to give your side of the story, and you just be honest and provide the court your documentation. You'll be fine.

Of course, history has taught me that there are two sides to every story, and if there is a reason he's keeping the deposit that you're not stating, you will not get it back.

Good luck!

Answer 3

confident, even nevertheless it won't get you everywhere except the condominium settlement stipulates which you get the basement as properly to the residing area. If it does, then take some pictures of the stuff and positioned across those and the condominium settlement to SCC. possibilities are high he will pass the stuff if he's particularly-known with you're approximately to record a declare against him. that's a concern it particularly is appropriate dealt with very diplomatically. possibly attempt asking him related to the region one extra time and this time make it sparkling which you certainly need to apply that area and that it desires to be cleared out with the help of a undeniable date. If he does not quickly ask "and then what?", then proceed the communication and positioned across out the condominium settlement and prepare him the area related to the basement area. Then recommend him which you have pictures of the stuff, and ask him "If I have been to coach this to an self sustaining 'mediator', how do you think of they might come to a determination this must be resolved?". additionally, in case you do ought to sue him over this, i might calculate the floor area which you have have been given been no longer able to apply for those months, and take that proportion off the hire for that factor, and, assuming there are no longer the different losses incurred from no longer having that area obtainable (i.e. storage expenses someplace else, and so on), it particularly is the quantity you sue for. in case you disclose all of that to him, he'd be a fool to bypass away that stuff there.

Answer 4

Depending on the state, you may have a slam-dunk. Most states require a return of the deposit within a set number of days, or a letter explaining what was withheld.

If he didn't give you any answer at all, you just need to produce that certified letter you sent and the receipt proving he got it on a certain date. In most states, that's all there is to it.

Answer 5

Hi! I recommend you go to handelonthelaw.com. From the menu on the top, select "Ask a Lawyer" (last icon on the right) and type in your question. You'll get a fairly quick answer. You can also find a few other "attorney" sites on the Internet where they will provide answers to your question for free. Just use the keywords "free legal advice". Good luck!
Susan

Answer 6

If he is a lawyer, you need to get one too or you may be out of luck. If you can't afford an attorney there are usually government funded firms around town who will represent you for free. Ask around and find a local community attorney who gets grants to help people without money.

Good luck!

Answer 7

when you gave 30 day notice.....and were ready to hand over the keys, did
you do a walk thru, and get him to sign off, saying, in writing he would return your dep. in 30 days. that would eliminate this question..now...and youd be good ta go in small claims

Answer 8

This company actually wrote a letter for me and my roommates and we got our full deposit becak immediately.

www.prepaidlegal.com/hub/stacigillen