if a landlord has 21 day to refund deposit....

[Debby Carlson]

Does landlord have to do repairs?
our old landlord kept 3000.00 of our money and we have been able to get documented proof no work was done-do I have a case/??
They kept the money for them selfs!
Can anyone answer this/
thanks so much

[Braggi]

Does landlord have to do repairs?
our old landlord kept 3000.00 of our money and we have been able to get documented proof no work was done-do I have a case/??
They kept the money for them selfs!
Can anyone answer this/
thanks so much

Documented proof!!! Amazing and good for you. File in small claims court right away. The judge has the power to award treble damages (but you shouldn't mention that). Nolo Press has a good book on the subject or you can no doubt find good guidelines online.

Good luck and let us know how it goes.

-Jeff

[Tars]

Does landlord have to do repairs?
our old landlord kept 3000.00 of our money and we have been able to get documented proof no work was done-do I have a case/??
They kept the money for them selfs!
Can anyone answer this

As it happens I'm a landlord myself, so yours is a very Interesting question.
My tenants appear to be very happy, by the way. My attitude is that tenants are clients, and it's my job to stay in business by keeping my clients happy.

But the way you phrased your question makes it somewhat difficult to answer. Your landlord has $3000 of yours - I'm guessing this is in the form of deposit and last month's rent? If it is, then legally, it probably doesn't have anything to do with "no work was done". Or, did you give them $3k intended for some specific improvement; that would be fairly unusual.

If there were problems that occured with the rental after you moved in, or which the landlord promised to do during your initial walk-through, then you probably have a reasonable case for Small Claims Court. Especially if the problems significantly affect your ability to live there comfortably or safely. Documentation will make the difference for your case.

The first thing the Small Claims judge (usually a local attorney) will try to do is get both parties to meet with a mediator. If I was in your situation, I'd probably take the steps to do that before going to court. It will look much better for you if you can demonstrate that you made a reasonable effort to resolve the matter. There might even be something in your rental contract that details what should be done. You don't want to say "no yeronner" when the judge asks you if you did it.

Small Claims is in the back of the Empire College Building in SR. They can direct you to mediators and/or help you set up your hearing. It usually takes a couple of months to happen, and, if I remember right, it costs like $50 to file, plus whatever costs for serving the landlord.

Your situation illustrates the importance of documentation. When I rent out our rental, I do a walk-through with the tenant, noting any existing problems. I also give the tenant a form to fill out, listing any defects or problems they may see. I note promised repairs/improvements, and we all sign the thing. Of course I photograph the place from one end to the other, and keep that on CD for possible future legal situations as in your case. I suggest to anyone who rents, that it's in their best interest to do the same thing.

Good luck to you!

Tars
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[Marin Herbalist]

This happened to me years ago. We moved and our landlord refused to return our deposit. We filed a claim in small claims court. The landlord then tried to tell the judge that we had caused thousands of dollars in damage (bogus claims of course). Anyway, the bottom line was the judge said that since the landlord had not returned our deopsit within the specified period of time, and had not contacted us regarding why she didn't return our deposit, that she was obligated now to return our full deposit to us regardless of any supposed damages.

[Sativaluv]

I have done extensive tenant research as I also received my description letter late that also included the intention for a BS lawsuit if I did not come up with 3 times that also. I researched and responded as recommended to her ridiculous claims and informed her of my intent to counter sue including her bad faith acts.

It seems all subjective but there are a few things that are deciding factors, the 21 day rule and the one where it is the landlord's Duty to inform the tenant of the right of an initial inspection with adequate time to have the repairs done if wished. I have documentation of her bad faith, the only thing is I only threatened to counter sue, does anyone know if I still can?

[Braggi]

Is this thread really from 2007? My how time flies.

I'm certain there is a statute of limitations, but if this is a current issue (and it sounds like it is) of course you have the right to file in small claims court. Go to the library and get the Nolo Press book on the topic, research it online, or go to the court. There is a clerk there who can help you with the paperwork.

Keep your evidence! I hope you took pictures or video of the place on the way out. (I'm assuming you no longer live there.)

Best of luck and let us know how it turns out. You could inspire others to stand up for their rights and their money.

-Jeff