T
thementor
Guest
What is the name of your state? Iowa.
I hired an attorney to sue my landlord in small claims court for failing to return my deposit within the legally allowed time. About a month after the deposit was due, and before the court case next week, she sent a lesser amount. She deducted an amount equal to one month's rent because she claims to have lost my final month's rent check (could be true, the check has not been cashed). I will proceed with the court case, in order to make her pay the legal fees I accumulated trying to get back my deposit.
Here's the question. I contend that, since I did provide her with a check for the final month rent, I fulfilled my obligation to pay her. Her loss is her loss. What kind of legal arguement can I make to the judge in support of my contention? Or will I be forced to deduct the amount of the lost rent check from the court settlement? If so, I will, of course, charge her for the cost of placing a hold on the lost check.
thanks in advance,
thementor
I hired an attorney to sue my landlord in small claims court for failing to return my deposit within the legally allowed time. About a month after the deposit was due, and before the court case next week, she sent a lesser amount. She deducted an amount equal to one month's rent because she claims to have lost my final month's rent check (could be true, the check has not been cashed). I will proceed with the court case, in order to make her pay the legal fees I accumulated trying to get back my deposit.
Here's the question. I contend that, since I did provide her with a check for the final month rent, I fulfilled my obligation to pay her. Her loss is her loss. What kind of legal arguement can I make to the judge in support of my contention? Or will I be forced to deduct the amount of the lost rent check from the court settlement? If so, I will, of course, charge her for the cost of placing a hold on the lost check.
thanks in advance,
thementor