Monday, December 12, 2011

Is it worth it to sue my landlord?

We moved out of the place we were renting the last day of November 2010. Technically, our lease ended the last day of July, but he never sent us any forms to renew the lease. Tired of his BS, we told him to just give us 2 months to find another place and move out, and he agreed. It's been 2 months and our landlord still hasn't returned our security deposit for $1350, or provided us with receipts for damage (which there shouldn't be because everything that broke, we fixed ourselves out of our own pocket). My roommate has contacted him several times trying to ask for it, but seeing as he lives out of state he keeps saying he can't find the time to come up here and check things out. Eventually, he said he would look over the place while he was here for Christmas, but never got back to us. I understand that in Massachusetts, after he doesn't respond to the demand letter (which isn't looking good) I can take him to court and sue for 3 times the amount. Is it worthwhile to do this? The fees and other charges for bringing him to court can add up, but I don't know how much it would actually cost. Also, I would need to take the time off from work to go file the claim and possibly go to court. Does anybody know about this process? If I did sue, is there a good possibility I would even get 3 times the amount? The house we were renting is being sold as a short sale, probably close to being a foreclosure. My guess is he probably used our deposit for personal expenses.|||It is almost unheard of to get more then the deposit. For one thing you can not prove he did not mail these things.





He can take from the deposit any unpaid rent, any repairs and any cleaning required to make it move in ready.|||I would try to contact him over the phone and ask him one last time for the money. Make sure you record the call. Then if he doesn't agree to pay you within 5 days, tell him you will take him to court.





If none of that works, take him to a small claims court and sue him.

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