Advice: Landlord Issue

[doodles44]

Hello,

I'm having a problem with my former landlord. In late June, I informed him that I would be leaving August 15. I had a $825 security deposit (a full month's rent) that was to be returned to me. My landlord recently moved out of the country and has had some delays in getting the money to me. He said the apartment was fine and he would be mailing the check - in September, October and now November. He is always very cordial on the phone and a very laid-back guy, but I have a thousand things that I would like to do with the money right now and I'm not sure how to best follow up.

He is building his own resort in Mexico and has sporadic access to phone and e-mail. I'm not aware of an executor in the States that he handling his other properties for him.

How do you recommend that I proceed?

[safari]

Next time you talk to him, tell him that if you don't receive your security deposit back within the next two weeks, you'll file a suit in a small claims court. I think it's your only option.

[BCHGRL]

I was in the same situation 2 years ago. Only the landlord and I didn't get along so well. We said in an e-mail "we'd hate to go to small claims court to get this matter resolved." After months of asking, our check was in the mail in less than a week.

[mom-from-missouri]

Don't do small claims. Talk to an attorney first. Even if you win in small claims court, there are no laws in effect to enforce that he does pay it-so, you are still out court fees and he doesnt have to pay even though the judgement says so. I am speaking from experience here. An attorney can assist to some degree, but if the guy is out of the country, even the attorney may have some difficulity.

See this site: http://www.lectlaw.com/files/civ05.htm
by Lisa Goldoftas and Stephen Elias

"If you win your small claims case, you'll probably feel vindicated by
your day in court. The judge saw things your way and awarded you a
judgment against the defendant. But in the weeks and months that follow,
post-trial jubilation may turn to surprise and then dismay: surprise that
the court does nothing to make sure the defendant pays you, and dismay at
the time, expense, and work it takes for you to do it.

To get paid, you (or someone you hire to do it for you) must follow
specific legal procedures to get money or other assets from the loser
(called the judgment debtor). The procedural trail takes different twists
and turns in every state, but the following tips should be helpful
everywhere. ...."
The site goes on to give tips. Regardless if you win or lose your case, you cant go back to court on the same issue if it remains unpaid. There are some crocked landlords and people out there, who know that and cheat people out of money knowing they will get by with it.

[PRICEPLUS]

I am fortunate in that I have several friends who are lawyers. I would ask the landlord whatthe delay is and su eif necessary. You at least have to give it a shot. I would do whatever necessary to make him pay his debt. Legally of course.

[vishenda]

Good day
It depends on where you were living, if it was an apartment then there should be a manager taking care of the rents and repairs that you can talk to. If it was a house that you were renting you may have more of a problem and if you file a civil suit you may be wasting your money since it will be hard to serve him with the papers. Was it his personal property that you were renting or something owned by his business, it is was company property there will be a registered agent who can accept service for him. You can find out who this is through the Secretary of States office in your state. If it was his personal property then I would suggest looking at your lease, was it drawn up by an attorney, it is possible that he could be on a retainer and you could have him served. The only other way you could have him served would be with a foreign process server and some courts wont accept this. Check the magistrate or municipal court in your city to see if this is ok. Ask the court clerk how you can get him served, they are not supposed to give legal advice but they are usually friendly.
You might also send him an email threatening to file a civil suit and see if he responds to that. And if you do manage to get him served and get a judgment then I would suggest filing a lien against the home to protect your interests, that way he cant sell it without paying you.
Hope this helps

[Elgin526]

Originally Posted by mom-from-missouri

Don't do small claims. Talk to an attorney first. Even if you win in small claims court, there are no laws in effect to enforce that he does pay it-so, you are still out court fees and he doesnt have to pay even though the judgement says so. I am speaking from experience here. An attorney can assist to some degree, but if the guy is out of the country, even the attorney may have some difficulity.


See this site: http://www.lectlaw.com/files/civ05.htm
by Lisa Goldoftas and Stephen Elias

"If you win your small claims case, you'll probably feel vindicated by
your day in court. The judge saw things your way and awarded you a
judgment against the defendant. But in the weeks and months that follow,
post-trial jubilation may turn to surprise and then dismay: surprise that
the court does nothing to make sure the defendant pays you, and dismay at
the time, expense, and work it takes for you to do it.

To get paid, you (or someone you hire to do it for you) must follow
specific legal procedures to get money or other assets from the loser
(called the judgment debtor). The procedural trail takes different twists
and turns in every state, but the following tips should be helpful
everywhere. ...."
The site goes on to give tips. Regardless if you win or lose your case, you cant go back to court on the same issue if it remains unpaid. There are some crocked landlords and people out there, who know that and cheat people out of money knowing they will get by with it.

Really? In my state (IL) the loser has his wages garnished by the court, the court then pays the winner. My DH has personal experiance with this...

[Paul_Heldt]

Depends on which state you live in. In my state (CO), you have to give a landlord 7 days notice to comply prior to filing suit. If they fail to comply within the 7 days, you can get a settlement for up to twice your deposit amount. In cases where a landlord violates returning a deposit or statement of deposit account within 30-60 days, it's usually an automatic judgment for the tenant.

I suggest google'ing "Landlord Tenant Law" for your state and consulting with an attorney re: your matter.

Best of luck!
Paul Heldt

[instantinfo4you]

I agree with the attorney comments. I think that a letter from an attorney would definitely get the check in the mail. I don't think that you would need to sue, as he would definitely lose, so he wouldn't let it go that far. I think that a well written letter, and maybe a phone call from an attorney will definitely get your check in the mail.