Going to Small Claims for Security Deposit

[Sil240]

I am suing my former landlord for the return of my security deposit. I left 1.5 months before the lease was up, with verbal permission from my landlord. I was never given any written reason as to why my security was being kept.

The landlord's attorney sent a letter requesting a copy of any/all documentation we plan to use for the small claim (Proposed Request For Production to Plaintiff).

Also there is a Proposed Request for Admission.
They want me Admit or Deny numerous questions.
(Such as if the place received a fresh coat of paint.
Only 1 room and the stairs banister was painted.)

-Do I have to give them any/all of my documentation?
(i.e. Copy of lease, correspondence, any & all evidence)
Is this a trick to make their job easier? Am I compelled by the court to do so?

The letter sent by the lawyer was sent via USPS (Post office) regular mail (not certified or signature required).

-Should I ignore this letter?

 

[Gail_in_Georgia]

The Proposed Request for Production to Plaintiff (sometimes also known as Interrogatories) is an attempt at discovery; a request to provide information on what the lawsuit will actually entail:

http://www.smartrules.com/rules/Interrogatories/

Gail

 

[Sil240]

Gail -

Thank you very much for the help!!!

I know your in GA but would you know of any good lawyers in the Ft. Lauderdale area.

I was going to represent myself in Small Claims court.
I'm pretty smart, but I do feel like a fish out of water.
So I think that I will try to hire a lawyer if I can afford it.

- Do you know about how much a lawyer for this would cost?

I have already filled the papers for the court, served the summons and appeared at the pre-trial hearing.

Thank you!!

 

[Gail_in_Georgia]

Whether you want to hire an attorney would depend on how much you are suing for. You've sat through a pre-trial hearing; that should not have been intimidating. If possible, see if you can sit through some of the Small Claims hearings; I think you'll feel more secure about representing yourself at your hearing then.

Are you saying that your landlord never provided you with any information regarding the status of your security deposit after you vacated your rental unit?

Gail

 

[Sil240]

Well here is the long story condensed.

The landlord told us he will not be renewing the lease, because he has to move back into the house.
So we found a place and asked him if we could leave 1.5 months early.
He said "Yes, you have already paid your last months rent and just let me know 30 days in advance" (Phone Conversation)

So we sent him a Certified letter and a Email since he did not pick up the letter.
But the only problem is that we lost the Tracking # for the letter.
We are fighting with the Post office to find this tracking #/letter down, since we never received the letter back.

We had a cleaning person come in and clean the whole house.
We had the walk through, he did not point out any damages.
He actually thanked us for treating the place as it were our own.

I waited 15 days after we left for him to send the Security back.
15 days came and he did not send it.
So I called him and said that if he wants I can come by the house and pick it up, since we were having trouble getting our mail. (Mail was still going to our old house/his house)
He then said since we Broke the lease he was keeping our Security.

Then we had sent another Certified letter stating we wanted our Security back.
It was ignored. Then 30 days later we filled the Small Claims papers.

Yes,The landlord did not send anything why he was keeping our Security.
He did try to threaten/intimidate me with his Real Estate agent on the phone.
He said that "If I wanted to be like that. He could find things in the house to charge us for".

We are Suing for $1500 (Security) and Court Fees.
His Lawyer says he's going to Counter Sue for 2 Months rent ($3000, our Security (1500), Court and Lawyer fees (Unknown Amount).

 

[Gail_in_Georgia]

If you can find the documentation that you notified your landlord of your intent to leave, you have a very good case.

If the landlord fails to notify you of the status of your security deposit, this negates his right to impose a claim on this security deposit:

http://www.flsenate.gov/statutes/index.cfm?App_mode=Display_Statute&Search_String=&URL=Ch0083/SEC49.HTM&Title=->2007->Ch0083->Section%2049#0083.49

In other words, since the 30 days has passed, he has lost the ability to keep any of the security deposit.

Gail

 

[Sil240]

I do have a copy of an email that I sent to him with the letter that we are leaving on X date. But he did not reply to it nor do I have a return reciept.

I've called numerous people in USPS to try to get the Tracking # or the Letter back.

He did know because I went to the house numerous times, dropping off empty boxes, and I went to help with the move.

Also about his Countersuit.
He said that he's going to sue us for breaking the lease.
The Lease says that if the lease is broken then the tenant is liable for the remainder of the lease if there is any loss incurred to the Landlord.
But since he moved things in the same day we left, I would assume there is no loss.

- But I don't know how to prove that he moved in that same day.

Would I be able to do that with the Discovery?
Asking them for a copy of the Change of Address from the Post Office or a Utility Bill.