Should I take my former landlord to Small Claims court?

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BattleHood

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Okay, here's the deal:

I found this listing for rooms for rent on a VERY popular online service search website. My boyfriend and I move in after looking at the room and I paid the landlord $450.00 for first month's rent, plus the $50.00 security deposit. Needless to say, it wasn't lavish, but it was a place to stay.

In the online ad (i can't say which one), (and also in the lease), the landlord wrote that he offered free housekeeping. About 5 months went by until he actually hired someone to do it, which led to me and my boyfriend cleaning up behind the other tenants for that time. We only stayed there 6 months, so the majority of the time, there was no housekeeping.

While we were there, the seal on the refridgerator broke off and the door wounldn't close properly, causing my boyfriend and I to lose 2 gallons of milk, some leftover beans, and other small food items. It was 3 weeks before he repaired it. He would keep telling us that he would send someone to look at it. One time he said he would send someone. I got off work and asked the housemates if someone came. They said no. This happened more than once. When I was fed up, I called him and said my piece about having to repeatedly ask him to fix the refridgerator. It took me being "not so nice" to get him to replace it. After the phone call, it was less than 48 hours until we had a new one (well, it was used, but new).

During a phone call that took place on 5.21.09, the landlord agreed verbally to give me back my $50.00 deposit if we give him 30 days notice before moving. We did, and also let him know (in the same letter) that we would be sending him an address to send the money order to (we requested a money order as form of payment).

So, we move. We send him the letter with the address, stating that it was the location that we wanted him to send the rent to. *Note: the address that we sent it to was the same one that we had been sending our rent money orders to. A couple of days later, we get the letter back in the mail, saying that it can't be delivered to that address. So, we call him and ask what the address is. He tells us that the street address (you know, the number part) was transposed (like "62" instead of "26"). So, I write another letter, send it off, and we wait.

We get THAT letter back, saying that it isn't a valid address. By this time, it had been over 30 days that I had been trying to get my deposit. So, I call him and tell him that his address was wrong AGAIN, and to please give me the correct one. He does, we mail it, and wait.

Days later, we get a PERSONAL check in the mail--not a money order, like I requested. I call and he says that that's how they reimburse people--with personal checks. So, I say fine. Take it to the bank, explain to the teller what I'm trying to do, and she says, "I can't cash this. It's dated X-X-2008."

SAY WHAT?!

So, after all that, he still didn't get us the deposit on time. I had to call him and tell him about it. He said that he will send another check. But I'm fed up. I had to deal with so much crap from him while living in his little crappy property that I'm ready to take him to court.

I've got my old lease, the online ad, copies of the letters I've sent that came back, the ACTUAL letters that came back (in the envelopes stamped by the post office), the out-dated check he sent me, and I have contact with our old roommates who were witnessess to our former landlord's neglect.

I want to know if I can take him to Small Claims court. If he sends me the check, can I still take him? Even though we didn't lose that much food, I still feel like he owes me and my boyfriend something. Yeah, maybe we were silly to move into the place, but we were good tenants, paid rent on time, cleaned up after his OTHER tenants because HE didn't offer what he claimed he did...

Someone PLEASE give me some advice. I don't know how much to ask for in this situation. I mean, there were times where I would just break down and cry because we couldn't afford to move and it was so terrible. Just thinking about it makes me mad.

Please reply. Thanks.
 
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Keep in mind that lawsuits are about money. Thus, if he sends you your $50 deposit, what you've lost monetarily equals out to 2 gallons of milk, some leftover beans and small food items. Do you really plan to sue for this amount?

In North Carolina a landlord has 30 days to return the security deposit/statements on why any portion of this was kept for damages above normal wear and tear. He could not send out this check without knowing your new address and the first two letters you sent to him came back as undeliverable.

If you don't get the next check within your states required time period you can, of course, consider suing him for the $50.

Gail
 
True, lawsuits are about money. I understand that quite well... That's why I was asking if I should even bother taking him, you know?

I guess it's about the principle for me. There were so many nights where I just cried on my boyfriend's shoulder because of the situation that we were in. I felt like he was just taking my money every month and not caring about his tenants at all. I'm just frustrated.

I also don't understand why all of a sudden his mailing address was different. We sent that letter to the same address that was printed on the rental agreement, meaning that it was also the address that we sent our rent money orders to. He had my phone number and could have easily told us that his address was changing. He found out that we were moving 30 days prior. Why couldn't he have let us know something?

I guess I just feel cheated. I guess I don't have a monetary case here. I just feel that he treated us like we didn't matter...just looked at us like a money machine. Not to mention how tore down his property was.

I guess that's what I get for renting off the internet. But, you know how it is when you need somewhere to go and fast. I am in a new apartment now...with a real apartment company, and things are much better for us.

Thanks for your time and reply.
 
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