ok, i rented out a place and when i asked about getting my deposit back they said that there was damage done to the house that they had to fix. a garbage disposal had been damaged and a lock had to be changed because they said a key had been broken off in the lock. according to them, this added up to OVER $800 ( my deposit amount ), but they have yet to give me a date the damage occurred, a photo of this key broken off in the lock, or a photo of the garbage disposal, or a single receipt showing how much it cost to replace these items. or even to prove these items actually were replaced.
i have asked numerous times and i get no answer. the jerk said that i asked again he said i'd have "hell to pay" and he would file a restraining order against me.
am i going to have to take this crook to court?
2007-08-04 21:12:37 · 6 answers · asked by stevemincer 3 in Business & Finance ➔ Renting & Real Estate
They don't need to prove the damage. On your last day you should have done a walk through with them to agree to the status. If you have your copy of the walk through you can prove you didn't have damages when you left.
2007-08-04 21:17:41 · answer #1 · answered by shipwreck 7 · 0⤊ 0⤋
Yes, you need to take the crook to court. There is no way that the damages, even IF you did them, add up to 1/4 of what they are claiming.
Take him to court and the judge will straighten it out for you.
Stop contacting the guy. Let the Sheriff do it when he gets sued.
PS: You WILL win if you take him to court for at least 50% of your deposit if not more, so I think it would be worth your time. Those are not reasonable charges...he doesn't get a blank check just b/c he is a landlord...the judge will not deem those charges reasonable.
PS: Many states allow you TREBLE damages if the landlord does not provide you a detailed list of why they are keeping the deposit and an itemized list of charges within 30 days of move-out...that is another reason you need to take him to court.
2007-08-05 09:41:00 · answer #2 · answered by Expert8675309 7 · 0⤊ 0⤋
Send him a letter certified mail telling him that you have not received your deposit or proof of what he used it for. Tell him that if you do not receive this within 5 days you will file a small claims suit for three times the actual amount of the deposit. Five days later get down to the court house and file. Do not let some landlord rip you off.
2007-08-05 07:11:13 · answer #3 · answered by ebosgramma 5 · 0⤊ 0⤋
You will need to check your state's laws regarding security deposit handling. Time frames vary by law anywhere from a couple of weeks to a couple of months. However, most states do have laws which require a written statement of damage charges and costs incurred within a certain time frame.
Some states also allow you to collect full deposit, double deposit, and also triple deposit from the landlord for his failure to provide this statement.
You are advised to check your laws and proceed accordingly
2007-08-05 08:47:06 · answer #4 · answered by acermill 7 · 0⤊ 0⤋
hes not going to file ****
yes you should take him to small claims court
and should win
noprob
only trouble is getting paid
but
if he owns property you can put a lein on it! hehehehe
he will pay
probably out of court then just drop suit
2007-08-05 05:00:05 · answer #5 · answered by MICHAEL f 1 · 0⤊ 0⤋
Sounds like it.
2007-08-05 07:49:28 · answer #6 · answered by Alterfemego 7 · 0⤊ 0⤋