Need lawyer :ex landlord refuses to return security deposit.?

Question

My ex landlord refuses to return my sec. deposit she lied under oath in court and will only return 300 of 900 dollars I paid upon moving in. As a result I am forced to motion for a new trial due to the proof she presented in court were clearly lies to back up her claims the judge gave her laywer more of an opportunity to object against me and I was constantly interruped during my presentation of evidence and facts. The judge would not allow me to present evidence to back up my case and the landlord's lawyer was able to present issues that had nothing to do with the security deposit issue. The landlord claims damages that never existed,charged me for cleaning the rental unit, appliances and broken items that were clearly caused by the former tenants that lived there. I am looking to motion for a new trial AND new judge if its within my rights to do so and Im looking for representation for it is no longer about $ its about principle. I am in Waukegan, IL. County of Lake

I do have concrete proof and I was told I have the right to appeal the decision, I've read in civil law you can motion for a new trial- I have dated pictures of both move in and move out yet only 3 of the 40 pictures were allowed in as evidence on my behalf. I also have statements from previous tenants of their same issue with the same landlord that the judge would not consider. I have the undeniable proof of photos that she submitted as unclean appliances were not the appliances that were in my unit - the pictures are clearly dated on the move in date and the move out date i have the news paper in each picture to prove I 1)didnt hold over the unit one day 2)cleaned every thing myself 3) did not make any damages that weren't documented during move in. I have proof that even after I moved the repairs she claimed were not completed- the new tenants provided me with pictures to prove the apartment was re rented in the same condition I left it. Over 1/2 my evidence was not considered

Its very hard to put in full detail what the situation is in just a few short words to give complete detail on everything that occured in court.Im looking for professional advice not to be patronized or offend anyone - just to get a general opinion and make a BETTER educated decision this time around. Im not going based on feelings, Im going based on FACTS. I just want to know my rights and if POSSIBLE any recouse I may have and get good sound advice so I dont enter into anything else as blindly as I did the first time I went to court. Thank you to those who anwered direcly and POLITELY and thank you to those who didnt as well.

This is exaclty why I posted my situation- to see what the majority of ppl would say based on their experiences and professional opinions~ Again I do thank everyone no matter how unpleasant it sounds the facts are the facts- I dont howerver understand why SOME of the ppl who answered have to be crude blunt is one thing (only one answer was crude) the rest blunt, honest and to the point- I thank those of you for being honest and frank. My first mind b 4 my first court hearing- esp. after talking to the wisest person I know. MOMMA! :) Again I thank you all very much, with prayer, time and common sense this too shall pass. Good to see good ppl out there willing to help and be honest. (not crude and mean).

Answer 1

I would be really amazed if you got a new trial just because you don't like the outcome of the first trial. What a waste of tax payer resources!

Some of the "evidence" you listed is not admissible, and a new trial is not going to change that.

In CA you always have the same judge for an issue, they don't switch judges it it takes too much time for each one to read up on all of the facts.

It is very rare for them to side against a tenant unless it is pretty cut and dried.

Answer 2

I know that to you, getting this money back is now the principle of the thing, not actually just the money. I know you're mad and feel that this is unfair, and I sympathize with you.

But I want you to stop a moment and think carefully if this is a fight you are willing to go the distance on. Think of the time it's taking you to go to court - time off work, time to get there and back, energy spent on dealing with this situation. Time spent gathering your evidence and information, and time spent going over what happened. The others who posted here are trying to give you good advice - it's unlikely you will get an appeal or even a new trial. Spending money on a lawyer is simply taking the money that you might - and that's not guaranteed - win and giving it to the lawyer.

Sometimes, you need to just let it go and go on with your life. You never have to deal with this person again; you are wiser in the ways of what to look for when renting an apartment by checking the reputation and history of the landlords and the apartment community.

Speaking from experience, the best thing you can do is stop all the legal proceedings and tell yourself that you did what you could, you tried your best, and you can't win them all. If it makes you feel better, go on www.apartmentratings.com and give a review based on your experiences so no one else has to go through what you did. Bad word of mouth will do more than winning $600 that you may never see anyway.

Pick your battles and know when to fold'em, as Kenny Rogers would say.

Answer 3

Honey, you are WASTING your time.

You have been to court...the judge made a ruling, and that ruling is final. You cannot "motion" the court for a new trial on a civil suit...ONLY criminal.

The civil court puts a stop to the process, and when you leave...that is THE END of the process. If you try to sue her again, she can and WILL get a judgement against you for legal harrassment.

No attorney is going to take a case that you have lost before you even show up in court, because once the "new" judge hears that the SAME IDENTICAL case has already been heard by another judge and the only "proof" you have is your "feeling" is that the other hearing was not conducted properly...they are going to dismiss your case....and your ATTORNEY WILL SEND YOU A BILL.

Answer 4

Did you have (and complete) a "move-in" form indicating the apparent damage PRIOR to your living there? In the world of rental NOTHING is "clear". If you did not notate, upon move in, that there was existing damage to appliances and items then YOU are liable....regardless.
Landlords can charge you for cleaning the unit. The only possible way out of that is the judge MAY or MAY NOT accept proof of a receipt from a legit cleaning service. AND they have to clean EVERYTHING.....including the refridge and stove/oven.
As far as "claims of damages that never existed" do you have documentation of that claim? Can you undeniably prove that the damages never existed until after you moved out or before you moved in?
You say that the landlord's proof were "clearly lies to back up her claims", what undeniable proof do you have to back up your accusation?
This situation is more hassle than it's worth......thank your lucky stars that you got the $300 back. Learn from this and move on!!

Answer 5

You need to take the landlord to small claims court. Make sure you initiate the court case so that you can prove beyond reasonable doubt that they were incorrect in their decision on keeping your security deposit. You should have move in photos and any correspondences/documentation that you have made to the landlord regarding the broken appliances prior to you moving out. How did you leave the premises? Were you evicted or did you give the landlord notice. This will have bearing on the decision that the judge makes. Good Luck!

Answer 6

I think you need to chill...
if you don't have pix of the place when you moved in signed by the landlord.. before and after pixs.. you can't prove you didn't do the damages. If she has a lawyer and you don't you wont' win in small claims.. but if your getting anything be happy. Just learn from the experience.. yeah I know its a lot of money but its not worth pushing it any further.. this can be nothing but a small claims case.. if you hire a lawyer kiss more than 600 good bye.

Answer 7

Your chances of getting this issue reheard in a court of law are close to zero. You're going to have to prove to a new court that you deserve a different trial, and what you have posted doesn't sound like much in that regard.

You can certainly look for a new attorney to handle this for you, but it's going to be quite costly, and your chances of success are extremely limited.

Answer 8

It may be about principle to you but the reality is you're asking for a lawyer on a $600 small claim.