Small Claims Court
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. Alright, so a few of you have heard... My former landlord violated a City Ordinance when i moved out not giving me any details of the alleged damage i did or proof of repair costs and charging me up the wazoo for it (unwarranted, i assure you). Because of that --not giving the proof within 21 days along with the itemization of alleged damages--he is not entitled to my security deposit and i get to sue for triple damages (my security deposit x3) plus court out-of-pocket costs. it is spelled out CLEARLY in the city ordinances.
I followed standard procedure and wrote him a letter pointing out the violation, and what the result should be (my sec. deposit back), gave him a timeline to fufill it, or else i'd report him to the city and sue for triple damages because pursuant to the City Ordinance i can do that. I stayed formal and was tactful and to-the-point. Well, he was having none of it. Calling me threatening, ridiculous, and accusing me of just getting out of paying for the "alleged" damage, saying "i thought you were better than this", "stop wasting my time telling me the city laws." And in the mix of it and four written exchanges later (again i always remained formal, tactful, didn't engage and stayed on-topic) he says that he can give me the cost of repair evidence as well as photographic evidence. Yeah, now you say that. Well, the fact of the matter remains that i went through a lot of worry and trouble and research to even find out that it was supposed to be included with my Security Deposit Transmittal Form anyway. It should've been there. It shouldn't have taken a month plus arm-twisting to get him to even offer it up. I'll bet he hasn't done it with any of the tenants there...i'm probably the first that has ever called him out on it. because i'm sorry to say, the people that live there just probably don't know better.....And i don't even know if the offer is bogus. If i say sure let me see it who knows if he truly has it number 1, and number 2 at this point he could take some pictures and doctor them up-he's a young guy, knows about technology.
Anyway, i am about to file a Summons and Complaint (yikes) and get the ball rolling.
So what do you think of my case(c'mon, no bias)? If you were Judge Judy what would you do? 
What if he offered up photographic "evidence"? Would that change your decision?
Anyone have any stories about small claims court? i've found some helpful resources but i'm nervous so i'm always looking for more tips or experiences!
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Oh no i just painted 1 1/2 bedrooms. But i primed them all before i left. Then they charge me for re-painting. which is another violation of our city ordinances and besides he had told me it would be OK. i've got that voicemail saved!
approx 19 days after i moved out i got a letter with some scribbles like "painting........$60" "2 stains on carpet......$500" "blind........$40" that's as descriptive as it got.
i did disclose that there was ONE small stain (MAYBE 2'' diameter AT MOST) on my move-out form. but they had patched some cat-pee larger areas when I moved in so i thought they'd just patch this as well.
he left me a vmail assuring me that everything would be fine, that i didn't need to do the walkthrough with him unless there was something 'crazy', next thing i know i get 600 dollars worth of alleged damages, a couple of hundred and some change surpassing my security deposit.
ya know, i get that i had a small spot on carpeting. just be up front about it. tell me you tried patching it, or include the receipt for the carpeting. but seeing a too-big round number like that makes me suspicious. and those other charges are bogus.
so then i call him up, he gets all pissy when i ask if i can meet with him to discuss the charges and any proof that he had. well why can't we just talk about it over the phone?! it's all very REASONABLE you know! over and over. after that when i found out he violated the ordinance i didn't feel bad pointing it out and asking for my $ back.
they've probably got ohhh 900 tenants that haven't called them out on it once.
i hope that the courts will just be true to the law, and leave it as black-and-white as it is. but who knows ..?
~karma: i'm countin on it~
Thats a load of krap.... when a tenant moves out 99% of the time they give the apartment a fresh coat of paint. And since when does a couple of stains on the carpet cost $500? a cleaning would cost next to nothing. All smells bad to me, I think he's trying to get over, the fact that you made so much effort to leave the place in good order will say a lot for you IMO. What's his name? or the name of the management firm (no need to mention here) try googling and see what you can find, who knows maybe he has had some other court cases that you don't know about and has a reputation, that would also be in your favor. I'll help you out, let's get to work!!!!!
I checked, only evictions on there....lots and lots of evictions...
It was one stain, a bleach one (grabbed the wrong cleaner bottle--twas not Resolve as it turns out!). very small, but bleach. i realize that will never come out adn that i should pay to rectify the mistake. but again, just looked like he threw a really big number out there to see if it would stick. the tenant resource center here thought it was too much too.
~karma: i'm countin on it~
I say go for it ALL! I'm guessing he thought he could get away with it with the cute little girl and that she knows no better. You tried to work with him and you busted your butt at that apartment and in return he is trying to screw you over. I say go with what the tenant resource center says - it the law says you can ask for 3x's the amount and court fees then do it. Don't forget to also ask for interest too in case he is a jerk (sounds like one) and takes his sweet time paying.
As for small claims court well I cant tell you for sure since your in another state but I can tell you what its like in Florida (I'm guessing they can't be too far off). I love Judge Judy but its not really like that, not at first. The first time you will get there you will be in a court room with a bunch of other cases on the dockets. FYI sit up front you get to hear all of the good stuff. Once they call your name the judge will ask them if they feel they owe the money. If they say no they you will be asked to try and mediate it. Basically you go out into a small room with a mediator (generally a retired lawyer or judge) and they you can all explain your points. Best thing you can do for yourself is not to give to many details - state the facts.
When you left the apartment, you cleaned it and you repainted it. You left the apartment in move in conditions. Don't mention the stains on the carpet or anything. Then say you tried to work with the landlord but they would not deal with you and that they BY LAW did not follow proper procedures and let you know what damages they were charging you for even though you tried to reach them. If you want to state he was mean you can. Now they (landlord) might say ok here I'll pay you your deposit back - tell him at that point you had to take time off of work, that they have been harassing since then, you had to pay for court costs and its past the point of just returning the money due to you but you what what the law says you are due. He will probably say no F**king way and at that point they will book it to be heard in front of the judge. Unless this guy can PROVE he gave you notice with what the damages were he doesn't have a leg to stand on. You are entitled to it so I say you get it.
I love small claims court. I go often for our office but I have also gone for renters I have had and renters my parents have. I have 2 rental houses and my parents have 7. I wish I lived close to you I would go and hold your hand and tell the guy off for ya. Come on your a red head too - show your true red headed b!tchyness (that all red heads have deep inside). Call me if you want. I'd call you but I would probably only end up calling the wrong number again and harassing the poor person on the other line (like I did over the weekend).
There ya go GG... I don't think there's anything else to say....go for it, and take him for all you can!!! Way to go SM!!Who's New
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