i am going to court against my landlord for a return of my deposit??
2007-10-23 08:04:14 · 7 answers · asked by spindymindi 3 in Politics & Government ➔ Law & Ethics
It depends on your resources and your lease. If you can afford it, I would find an attorney that specializes in real estate. But, my first attempt would be to simply write the landlord a letter (send it certified, return receipt requested) stating the facts and that you are demanding a refund of your deposit. Notify them that they have 10 days to pay or you will be required to obtain the professional services of a qualified attorney and that you will then be forced to collect any related costs in addition to your original deposit. If they don't come through, take a copy of your letter to your attorney and have them follow up on the issue. If they try to pay you after you've gone to the attorney, you will need to take the payment to the attorney and have them make sure that all contingent costs have been satisfied, otherwise you will still be liable for the collection costs. If a high priced attorney is out of the question, you can go to the local legal aid office and get someone to help you, they do this type of thing all of the time.
2007-10-23 08:15:06 · answer #1 · answered by Scott K 7 · 0⤊ 0⤋
We might have saved you some time and effort if you had given a brief explanation of the reason why your deposit was being held in the first place. For all we know, the landlord is in the right!
2007-10-23 15:59:35 · answer #2 · answered by skaizun 6 · 1⤊ 0⤋
You can take this to small claims court if it isn't over 5,000.00.
You can consult with an attorney to help fill out your papers but usually you go to mediation then to small claims court if you can't reach a satisfactory settlement between you and landlord. Legal Aide can help you.
Then you go before a judge and he decides...an attorney is not allowed in small claims but, like I said they can advise you and help you fill out the papers..
If you go to small claims court the county clerk at the county courthouse will give you the necessary papers with all of the instructions on what to do.
Gather all of your evidence and be determined to win. be polite to the judge and your adversary.
2007-10-23 15:14:12 · answer #3 · answered by mary 6 · 1⤊ 0⤋
One that does civil cases. However you should look in to small claims court as well. Small claims court is cheaper and lawyers are not used. It is you, your ex-landlord and the judge. You tell your side and the landlord tells his. The judge makes a decision.
2007-10-23 15:11:35 · answer #4 · answered by davidmi711 7 · 2⤊ 0⤋
No attorney needed for small claims court...unless you are seeking a lot of money. Each county has a $$ limit as to the most that can be awarded in small claims. They recently raised the limit in my county to $6k max.
2007-10-23 15:14:29 · answer #5 · answered by mntlrldx 2 · 2⤊ 0⤋
A general practice attorney, or one that specializes in landlord/tenant issues.
2007-10-23 15:07:34 · answer #6 · answered by Eisbär 7 · 2⤊ 0⤋
You need a civil attorney.
2007-10-23 15:08:22 · answer #7 · answered by ~Jen~ 4 · 1⤊ 0⤋