I want to sue former landlord on small claims court, what are my chances of winning?

Question

I rented a room in condo. Landlord supposedly lost my rent payment for last month (Aug) she asked me to put a stop pay on check and write a new one. I complied. Supposed lost check went through despite stop pay request. I have proof of stop payment request. "Lost" check did go to landlords bank, so did the replacement check. I found out about this a week since I moved out of condo. I called former landlord asked for the refund of overpayment, she said she'll refund money but then changed her mind & decides to keep money, claims "it's a sign from above" money belongs to her. She also claims since I did not give proper 30 days notice, she has the right to keep the overpayment. I rented the room for almost a year, but there is no written contract, no written lease agreement. Nothing in writing about 30 days notice. Do I have a case against my former landlord? If I sue on small claims, what are the chances I win the case?

Answer 1

Your case may be a little shaky...no written contract. As long as you do have proof that both checks were indeed cashed, that will probably go in your favor. Always get a written contract. It protects you as much, sometimes more, than the landlord/owner.
Good luck!

Answer 2

You do have quite a situation. In most Condos, it is part of the Condo Rules that you can not rent all or part of the condo to someone else without their permission.
As to the 30 day notice, you had no lease with her therefore, no notice is required.
Next we come to the check that you Stopped Payment on. Since the Bank processed the check, they are responsible to you.

Answer 3

Up until you mentioned the 30 days notice issue I was ready to say you had an almost iron-clad case. However, the 30 day notice issue clouds the issue significantly. Even though you didn't have a written lease, the 30 day notice is normally included in state law. Different states have different requirements varying from 15 to 60 days, so your mileage may vary somewhat.

If state law requires 30 days notice and you gave less than that she may well be within her rights in keeping the overpayment.

Answer 4

Most states now require 30 days notice, even for a month-to-month tenancy. Since you were only renting a single room, this rule may not apply to you.

At any rate, your landlord has wrongly taken money from you and refuses to return it. Her claim for wrongful termination of the month-to-month rent agreement is seperate from your claim for her overcharge of rent, and the court will deal with them seperately. If she really took a month's extra rent and refuses to return it, you'll win. If she files a counter-claim for your departure without notice, she'll have to demonstrate losses as a result of your departure. Since this is a room in her condo, she may or not may not be able to do this. The worst thing that could happen is that the court awards you the month that she stole from you, but then awards HER the month's rent she deserved if you gave proper notice. It's worth the filing fee to find out (and if she doesn't file a counter-claim, the lack of notice will likely NOT be a defense to her actions).

Answer 5

Well, I have read the previous answers and they do raise some points. You can't prove that you gave notice but she can't prove you didn't either.

You do have the banking records of trying to stop the check. This lends credit to your side of the story. Why would you do that and then issue another if it wasn't true?

The chances or winning are 50-50 depending on who the judge believes. But, if she did it to you she will do it to others in the future.

NOW WITH THAT SAID...there are some things that you can do to either insure the return of your money...or to burn her in return.

I am a tax accountant...and in many states an arrangement like this is subject to sales tax if it is short term (meaning under a year in some cases six months in others). It is always subject to federal income taxes and local if they have one. And, in most cases it is subject to tangible property taxes as well. It will also raise her property tax if she is taking any exemption. And, insurance rates too.

If she is doing business as you describe...I doubt she is doing anything else right either.

Most of the agencies have reward programs for turning people in...or you could simple use it as leverage. That is a decision that is up to you.

I hope this information helps. What you do with it is up to you.

Answer 6

Hi...one point that has not been taken here....

I would be shocked if the Condo Association that she belongs to and is under their rule, allows them to rent a room. It sounds to me like she just might be in violation. If this be the case, no doubt a judge would determine that she illegally rented the room to you, therefor ALL your money will be refunded to you from her for ALL of your rent.

No wonder there was nothing in writing, that would prove her violation.

Something to think about. See you in court!

Answer 7

I think you have a chance. I would get your record of paying rent (if on time every month) on paper. I would also get a copy of his record and any other evidence that you can think of and bring it to court with you. Make sure you act nice and not at there level so the judge knows that you were scared and that your not normally around people like that.

Answer 8

In response to your question...

I don't know if the following will be of some help to you. Go to CBMall, it's the #1 info-product resource on the Net.

When you go there look for the search box in the upper left corner. Type in the word legal and see what comes up. You could probably type something else to see what comes up

Answer 9

Go to the bank in any case and talk to the manager of her bank. Its fraud, since both checks were cashed, when only one was the agreement. File charges. Also, talk to the bank manager of your bank to ask why a stop payment was ignored. They may be liable, in which case, they'll get the money back for you.

Answer 10

sue, it will cost you 50 bucks