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Ex-landlord failed to return security deposit - complicated!!

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mysticpenguin

Junior Member
What is the name of your state (only U.S. law)? The 'crime' was committed in Texas. I am now in Montana.

I will try to be as brief as possible and thank everyone for all their help in advance.

Earlier this year I sub-leased a room in a house from someone we'll call Mike. We signed a month-to-month contract, and Mike asked for a security deposit, which I gave him. I have a signed and witnessed receipt of the security deposit.

Due to his own financial problems, Mike couldn't afford to continue living in the house and without regard for me (I am a military wife and was 2,100 miles from friends and family) told the property manager he and my husband and I would vacate the property within 2 days.

Long story short -- it came out that he used my security deposit to pay his own past due rent when hubby and I moved in. I called the police and have another witnessed statement (by 2 policemen) that he admitted to owing me the security deposit.

For over a month I hounded Mike -- he eventually gave me $20 in cash (nowhere near the value of the deposit -- would have asked for the full amount but he left it under my windshield, being a typical coward).

My husband and I got orders up here to Montana, at which point I told Mike he could give me the balance or I'd contact an attorney. He wrote me a post-dated check for the balance...post-dated for 1 day after we were due to arrive in Montana. I warned him that if it bounced he would be guilty of theft by check and that I'd sue.

Well -- it bounced.

Now, he has told me he has no intention to pay me.

My question is, where do I go from here???? I know he legally owes me this money -- I never damaged the property at all, never was late on rent, etc., and he has admitted several times to owing me the money -- the memo line on the bad check is "balance of security deposit owed"!!!!! Now how do I force him to pay up??? Especially from 2,000 miles away??

(Yes, I know I'm a grade-A DUMMY for letting him write me a postdated check.)

Help :(
 


Gail in Georgia

Senior Member
You would have to sue him...which means a trip back to Texas.

Obviously this really isn't worth the expense of doing this (unless we're talking thousands of dollars here) and even if you win, do you honestly expect Mike to pay up even with a court judgement telling him to?

Gail
 

mysticpenguin

Junior Member
You would have to sue him...which means a trip back to Texas.

Obviously this really isn't worth the expense of doing this (unless we're talking thousands of dollars here) and even if you win, do you honestly expect Mike to pay up even with a court judgement telling him to?

Gail
Definitely not. What an icky situation -- thanks for the input.
 

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