Where should a landlord file a small claims case against a tenant who fails to pay?
If you are filing the court case, file in the one that makes most sense to you. I would suggest filing in the county of where the apartment is located.Keep this as a reminder of why you never take credit cards for rent payments.
How long do I have to file a small claim against my landlord?
It depends on the claim, and on the statute of limitations.In general, in California, for something like a security deposit dispute, it’s about 2 years.But you should also look at your lease, because you may not be able to file at all. For example, all my leases specify binding arbitration.
Question regarding a small claims court decision?
I am having problems with my previous landlord. They are trying to charge me $240 regarding damages. I am not going to get into detail to save you the headache of reading the entire issue. I took them to small claims court and the judge dismissed the case with prejudice. The complex is continuing to send me letters and one stated that the judge told me to pay the $240. I understand that they can try to collect but I was verbally told by the apartment manager that I will be sued. What can I do from here? Can I cease and desist? Any suggestions are helpful.
What do you do if you're former landlord claims false damages?
I'm in Ohio, and I just got my deposit back from my previous landlord who took out over $250 of false damage charges. The day we were moving out, the landlord barged into our house begging us to let her show it (even saying "this looks perfect!"). Then she charged us for mold in the shower that wasn't never there, missing light bulbs when every socket had a working bulb, "rusted" drip pans on the stove when the stove is over 10 years old, and even a carpet cleaning when we already cleaned the carpets! The only proof of damages she gave us was a bill from the carpet cleaner - which was listed for another address! When we called her she said all the charges were right, she just sent the wrong bill - but it was for the exact same amount (sounds fishy to me), and that everything else was true too. We have video of the house when we moved, there are no rug stains or mold in the shower as she claims and no where in our lease does it say that we have to get the carpets steam cleaned before moving out.
Under what circumstances if any, would you take a landlord to small claims court, for not returning a security deposit?
Per the details in your comment, it is going to be hard to say if you could win that or not. One persons damages is another persons normal wear and tear. However, your situation is worse, because your friend can't really testify to the original condition of the apartment, since his deceased mother moved in. Also, did the document with pictures and notes, the condition on move out?The landlord is required to detail what damages and how much for each, so what exactly is the landlord billing for?
My roommate threatens to bring an action in small claims court over a security deposit. I paid the full amount, and I have the documents. Should I worry?
Agreed with the previous if you have the documentation that you paid it in full then you should have nothing to worry about. If they do decide to sue you then you can file a counter claim to cover the cost of any court fees and a reasonable sum of money for the time you had to spend dealing with the frivolous case. Just make sure that you document everything.
What can I expect at trial on a landlord-tenant court case?
What can I expect at trial on a landlord-tenant court case?Am a landlord involved in an upcoming trial against a non-paying (and difficult) tenant, who is gaming the system and accuses me for harassment. What can I expect at the trial? I’m only looking for a settlement, as I wish the ordeal to be over with.Gather up all the records you have. Prepare your case - have a notebook with all the documents/pictures etc in it. If it is a bench trial (no jury, just a judge) it is not that difficult. Just be prepared to disprove anything that the tenant may allege, and be prepared to prove anything that you allege. The last one I did was one where my tenant was a cop, and I did not think I stood a chance in court, but as it turns out I won the case and now have a money judgement against the cop. Read all the requirements for Landlords/Tenants in the law, and read all the local procedures for that type of case. Be SURE, when you win, to have the judgement recorded, AND to get a lien certificate, because you will need those things to collect from the defendant later. Good luck.
Can my landlord keep my deposit for 20 year old carpet?
Acermill is correct. It all boils down to why she is replacing it. If it is just worn out you owe nothing at all. However, if she is replacing it because you damaged it then she does not have to depreciate it, you damaged it, you replace it. If the damage is minor staining she would have a hard time proving you did it unless she took pictures before you moved in. However, if it is animal damage, a major stain or hole she will likely win that in court. If you have statute from Indiana that involves the carpet I would sure like to see that. could you email me the actual law number you are talking about? I know it is not federal, so must be Indiana.
I just moved out of an apartment that my old landlord told me I did a great job cleaning, but she won't return my security deposit. She says she can't get in contact with the building owner to get approval. What can I do?
You may not have any recourse. Did you attend the move out inspection with the landlord? If she did this without you and she didn’t sign off on it in front of you, she can technically screw you out of the deposit, because pursuant to your lease, no one can have the right to dispute any damages or any charges they see fit to charge for unless you were at the exit inspection.What you will want to do at this point is write a letter asking for the deposit back. Make sure you throw whomever you need to under the bus. NOW- make three copies of that letter. You send one of them via FIRST CLASS MAIL w/ return receipt requested. You bring one copy to them in person and keep one copy for you. This will then create a precedence in case it has to go further. When you drop off that copy make sure you get something from that person in writing stating that they are in receipt of your letter.After that you can then get your local legal aid involved and have an attorney contact the landlord. Sounds to me like she is giving you the run around, but when you handle things in a very “litigious” manner, watch what results will come pouring out :)Question who is the lease with? The landlord or a community? This building manager?