You can sue the landlord in small claims court for up to $10000 if you feel that you have the right to the deposit that the landlord is withholding. Here’s what you need to know:
- Make sure to attend the final inspection.
The property manager will conduct this. He’ll have a checklist or inventory that he’ll refer to. It’s also a good idea to take pictures and even videos of the unit before moving out. You have to know that your deposit can be withheld for missing or damaged items or parts of the unit. You need to have proof otherwise.
- Put it in writing.
This formalizes your request. Know your rights and mention them in the letter. State out the facts and your demands. In this case, the return of your deposit. You can also let him know that you’ll take this to small claims court if necessary.
This letter proves to the court that you’ve done your part and the other party has been uncooperative. You can also use this if you decide to file for damages.
At the very least, your property manager will have your forwarding address if he doesn’t have it already.
- Try mediation first.
Some courts would recommend that you try this first. It’s usually less stressful and has proven to be effective in many cases because of the presence of a 3rd party mediator. Most property managers would like to avoid court if you have the facts behind you.
- Gather evidence.
You can’t go to war without ammo. In the same way, you can’t go to court without the facts and evidence. With the absence of lawyers, the evidence will be key.
Gather these to tilt the case in your favor:
- Demand letter
- Lease agreement
- A letter stating how much you’re owed
- State law regarding security deposits
- All receipts for every deposit you’ve made and repairs you’ve paid for
- Pictures and videos of the unit’s inventory
- Witnesses
Gather whatever you feel can help your case. It will also help to observe a few cases in the court to have a feel as to how one goes. This can help you prepare.
- If all else fails, sue him in small claims court.
It’s a generally inexpensive process considering the amount you’d like returned to you. In most cases, the filing fee is $50 maximum. You don’t even have to pay for a lawyer because it’s unnecessary and is sometimes not allowed. You can check out the state court website for everything you need to know.
Practice in advance on how you’re going to present your case. Be brief and concise and let the evidence do most of the talking. You’ll have around 15 minutes to make your case, so make every minute count. You’ll have a favorable ruling right then and there if you do. If not, you can file for an appeal.
