So I need to sue my landlord for breach of contract. Basically hes kept my security deposit for over 55 days. In the state I live in the maximum a security deposit can be held after termination of the lease is 45 days. When I contacted him (on day 50) he tried to claim damages (which were BS, and without sending me a bill of particulars). Ive now threatened to sue for breach of contract, and Im pretty sure itll go to court. Has anyone here dealt with this scenario before? Any advice would be great. I should also note that I originally requested to be present at the final inspection (which was ignored), another violation of state statute.
Suing landlords for breach of contract
- Thread starter genjiZERO
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levious said:
$1125. Now he's trying to keep half. The damages claims are all BS - all wear and tear stuff. I have photos and documentation. I knew way back when that it was going to boil down like this that's why I sent the letter (knowing it was going to be ignored) requesting to be present.
StopMakingSense
Member
genjiZERO said:
Landlords put a lot of unenforceable shit in their lease agreements.
I had the same thing happen when in PA for college. The rule in PA was the landlord had to send you an itemized damage bill, via certified mail, within 30 days of the end of the lease. We sent him a certified letter, noting that we would not pay the extra damages assesed and would be taking him to small claims court since he did not meet the deadline. The deposit was then returned.
You should being doing everything by certifieid mail, keeping a copy for your records. No phone calls, normal mail etc - you need to be able to "prove" what you said and sent.
You should being doing everything by certifieid mail, keeping a copy for your records. No phone calls, normal mail etc - you need to be able to "prove" what you said and sent.
genjiZERO said:
the general rule of thumb in virginia if your a tenant goes: "you're screwed"
In seriousness, I wouldn't pay an attorney to do anything for you. Find a template for a letter demanding security deposit from landlord on the internet. Go to your county courthouse and talk to their civil/small claims division and seek general guidance. Hopefully a properly worded claim letter would be enough to get your landlord to give in.
According to this page:
http://www.washingtonpost.com/wp-adv/classifieds/rentals/vafaq.htm
The landlord needs to do the inspection within 72 hours of the end of your tenancy to make sure that any damages are from you and not from someone else. Doesn't sound like your landlord did the inspections within the allocated time (but he may claim he did later). Also, under Virginia law, you have the right to be present during the inspection and the landlord must present you with an itemized sheet.
Quote:
"If you have specific questions about the law or need advice about a dispute, you can call the Virginia Division of Consumer Protection at (804) 786-2042, or 1-800-552-9963." (more numbers in the above link)
Also you may want to call your local department of housing for whatever county you live in. You probably want to get it resolved before you go to civil court since it can get time consuming and expensive. If you have proper documentation and pictures you should be fine. Sorry to hear about your troubles, the landlord probably spent your money and just doesn't want to give it back; happens all the time with small landlords.
http://www.washingtonpost.com/wp-adv/classifieds/rentals/vafaq.htm
The landlord needs to do the inspection within 72 hours of the end of your tenancy to make sure that any damages are from you and not from someone else. Doesn't sound like your landlord did the inspections within the allocated time (but he may claim he did later). Also, under Virginia law, you have the right to be present during the inspection and the landlord must present you with an itemized sheet.
Quote:
"If you have specific questions about the law or need advice about a dispute, you can call the Virginia Division of Consumer Protection at (804) 786-2042, or 1-800-552-9963." (more numbers in the above link)
Also you may want to call your local department of housing for whatever county you live in. You probably want to get it resolved before you go to civil court since it can get time consuming and expensive. If you have proper documentation and pictures you should be fine. Sorry to hear about your troubles, the landlord probably spent your money and just doesn't want to give it back; happens all the time with small landlords.
D
Deleted member 20415
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This shit makes my blood boil. Slum lords are standing beside pedophiles in my mind. Just the lowest of the low. They will do anything to scrape every cent from an arrangement.
Go get em dude... and when you win... sue for your court costs to be covered!
Go get em dude... and when you win... sue for your court costs to be covered!
joeblackisback
Member
Cianalas said:
if you end up taking him to small claims court you should have no problem getting your fees tacked on.
Suburban Cowboy
Member
sounds like you are pwning his ass, gj man
Stormwatch
Member
My college once changed me $25 for a missing ice tray. But the funny thing was that they made us leave our doors unlocked after we left for the year, so anybody could have stolen it. I complained to residence life and they eventually dropped the charge.
Phoenix
Member
genjiZERO said:
Yep. You're doing the right thing.
Your next move is to have the attorney file the Writ and send a letter to that effect so that he is aware of your intent to remedy in the courts.
If he doesn't comply before court - don't settle it, because that is grounds for you to lose out on getting your fees paid, unless he agrees to pay the fees.
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