My mother's job requires her to work on the road, so I handle an assortment of things for her. Last year I helped her and my brother get an apartment, which they shared with a roommate. When her job shifted, she was put in the position of needing to break her lease. She spoke to the landlord directly and advised him the roommate wanted to stay. He was agreeable to allowing her to leave. She assumed the apartment would be sublet, but found out later that the landlord had the roommate sign a new lease and he collected a new deposit. We're now trying to get her deposit back. As I have handled 95% of the communication, we're wondering if I should be named as a plaintiff on the small claim so I will be able to speak on behalf of my mother. She's older and quite nervous about trying to explain everything I have done. If I cannot be named as a plaintiff, how to I try to ensure that I will be able to speak in court?
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Helping My Mom with a Landlord Problem
- Thread Starter nalano
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army judge
Super Moderator
Have you read her lease?
More than likely, when the landlord allowed her to leave befor ethe lease expired, she forfeited her deposit.
If that didn't occur, NO, you can't be the plaintiff.
You have no standing.
Your mother was named on the lease.
She has standing.
She should be the named plaintiff.
You could possibly be her witness.
Don't expect miracles from small claims.
It ends up disappointing people about 80% of the time!
More than likely, when the landlord allowed her to leave befor ethe lease expired, she forfeited her deposit.
If that didn't occur, NO, you can't be the plaintiff.
You have no standing.
Your mother was named on the lease.
She has standing.
She should be the named plaintiff.
You could possibly be her witness.
Don't expect miracles from small claims.
It ends up disappointing people about 80% of the time!
mightymoose
Moderator
If you have an appropriate power of attorney for your mother then you may be able to be a plaintiff on her behalf.
Absent specific language in the lease that indicates it was forfeited with the early termination, she is certainly entitled to her refund. It is not easy to get though. Depending on how much money it is you will need to decide if it is really worth the fight.
From what you describe, the landlord has collected two deposits on the apartment, so there is no justification for holding your mother's deposit now. Stay on top of it and you might get some action. Also, make sure you are speaking with the person that has authority to make the decisions.
Absent specific language in the lease that indicates it was forfeited with the early termination, she is certainly entitled to her refund. It is not easy to get though. Depending on how much money it is you will need to decide if it is really worth the fight.
From what you describe, the landlord has collected two deposits on the apartment, so there is no justification for holding your mother's deposit now. Stay on top of it and you might get some action. Also, make sure you are speaking with the person that has authority to make the decisions.
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