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    How do I go about getting my security deposit back from a former landlord when the property was left in better condition than when I had possession of it?

    I lived in an old 1970s home where I did alot of upgrades to the property. The landlord stated she was pleased and would be interested in paying for the fans and other fixtures that were put into the home by myself. When it came time to do the walk- through at the end of a two year lease, she didn't show and now is refusing to return the deposit, stating the property was left unsatisfactory. Her claims are false and I took pictures and documented most things, so I would be covered by any accusations. But how do I move forward in getting my Twelve-Hundred dollors back without running up all kinds of leagle fees? I've been told that small claims will never go to the renter, but it's always the side of the homeowner. Plus, it's a small town and her husband works for the county.

    0  Views: 443 Answers: 7 Posted: 14 years ago

    7 Answers

    You need to go to your county court house and file a claim there. You will not need a lawyer, they are not allowed in Small claim cases. If you have picture that is your best proof.

    You will have to take your landlord to the small claims court with your photos for proof of the premises condition.

    Tootals

    I did demand the full deposit be returned giving them 14days by AZ. leagle code. She came back with a bunch of false allegations, I think to intimidate me.
    So how do I go about filing a claim in small claims court?

    Take her to small claims court. The landlord does not always win. Did you get a written reason for her not returning the deposit. If not, many states require it and the court may award you double or triple the amount. Check the laws in your state (assuming you are in the US). Your odds are good if you have pictures and documentation. Take any correspondence you have had with her, including emails and phone records.

    You might want to talk with your state's housing authority. In some states, landlords are required to follow certain rules fairly closely. If it was me, I would go talk with the District Attorney and local police in regards with charging her with theft. I don't know anything about where you are from, but anything taken over a $1,0000.00 is a felony known as Grand Larceny. She would have to make restitution to you.


    You could go the small claims approach, and when you secure a judgement against her, you file a lien against her property.


    If local cops are too close to and know your landlord, try talking with someone from the state police.

    Before and after pictures. No pictures, your beat.

    I can tell you from experience, yes you can take them to small claims court you probably will even win if you take pictures, have receipts and all, but the kicker is it is up to you to collect it even if you win and usually if someone is in business for themselves there is no way to collect the money owed to you.  Just like they have a downloadable pdf file on the Tenants Book of Hand Rights good interesting book, but if no agency to go to and you cannot afford an attorney then no one is watching the hen house so to speak therefore the book and the laws are totally worthless to me and you and others that have been put in that situation and as of yet I have found no way to win.  I even tried mediation with the Better Business Bureau they contacted her but they have no backbone and I guess no way to force the issues nor care.  That seems to be the problems in our justice system and a lot of other things in today's society sad to say.

    Tell them you intend to take back the upgrades and fixtures.  You really can't legally do that.  Maybe place a  sign in the city owned grass strip between the sidewalk and the street stating


    Landlord steals deposits from tenants



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