Are there any realtors or lawyers on here?

[Journey]

If so, can you answer a question for me? My ex-landlord is trying to withhold more than 1/2 of my security desposit (after he told me and my daughter that the places "looks great" and that he'd get my check out in the mail. I have asked him for reciepts (I'm taking him to small claims court but I'd rather not go to court) and he hasn't produced them yet. This all happened last night. Anyway, the place is now up for sale and I want to contact a realtor to get them to show us the place and go in and take pictures (we already took pictures when we moved out) but I want to find out if he did any repairs at all because from what I've already seen all he has done is replaced the little plastic lock things on the sliding glass doors. We would make it look like my friend and her husband are interested in the place. I know that's not right but I don't have any other way to get proof. My security deposit was alot of money, and 1/2 of it is also alot of money to me and I can't afford to lose it especially when the guy is a no good liar. I don't even know if it's legal though!

[simka2]

I think you would need to find an aquaintence who is a realtor and is willing to donate their time to you:001_smile:. My issues would be with just asking a reator, who is thinking they are going to make some money, to do this.

 

I don't think it's illegal :)

[*~Tina~*]

Security deposits can only be withheld for damages that are beyond normal wear and tear. If you go to court, and small claims court is relatively easy to utilize, the burden of proof would fall to the landlord, since he is obviously claiming damage and keeping 1/2 of your security deposit.

 

I'd send him a written letter, certified, return receipt, and if he doesn't offer up the balance within 10 days, I'd not hesitate to use small claims court.

 

I've utilized it successfully in a few different situations.

 

 

Blessings,

¸.·´ .·´¨¨))

((¸¸.·´ .·´ -:¦:-Tina ~

-:¦:- ((¸¸.·´*

http://seasonsoflearning.blogspot.com/

[TravelingChris]

Look up the landlord tenant law for your state. Most states have a rule that the landlord has to send an letter within a certain number of days itemizing exactly what money was being withheld and why. If he didn't do this, often he has to automatically give you all your money or sometimes even has to pay double the amount he withheld. If he refuses, take him to small claims court. Those judges see these cases all the time and often the landlords are not knowledgeable about the law and have to refund the whole thing even if there was damage because they didn't follow the law.

[6packofun]

Exactly. Check your landlord-tenant law in your state because for most, the landlord is *required* to give an itemized list of damages and their repair costs to YOU within 30-45 days (depending on your state) and if they don't or they withhold your sec. deposit, you can take them to small claims court and the burden of proof is on them. But he needed to provide YOU with the proof as well. If he didn't, it's a pretty simple judgment, although your pictures might help a bit. (Having before and after photos is best, however.)