Should I take landlord to court? Long Story!

[imq707s]

My two roommates and I recently moved out of a house that we had been renting for two years. We were very good tenants and the landlord never had any problems with us, he was actually a friend of one of my roommate’s fathers. Well, as soon as we moved out and started asking about our $500 deposit that we had given the landlord two years ago we started running into problems. When we first asked him about the deposit he said that he didn’t think we would be getting any of it back. After hearing this we became persistent in asking for our deposit back, or at least a reason why he was keeping it. Around a month later I recieved a letter in the mail from the landlord that included a list of things that he was charging us for. The total was over $700. Some of the items on the list included cleaning the dust off of the ceiling fan blades ($50), a garbage disposal that he replaced while we were renting from him $175, over $400 worth of work that he never did to the house, and a bunch of other things that were completely fabricated. So we called the guy and asked him what his problem was and he told us “I never give deposits back, that’s just the way it is”. We even reminded him that we had added hundreds of dollars of value to the house by adding new carpet in some of the rooms, new ceiling fans, and blinds, all at our own expense. So obviously this guy is trying to rip us off by thinking of as many thing as possible to charge us for, just so he can keep our deposit. Can we take this guy to small claims court and get our deposit back? We never signed a lease because one of the roommate’s fathers was such a “good friend” of the landlord. What affect does not signing a lease have on a court case? Any help would be great, I hate getting ripped off.

 

[imq707s]

Sorry, I forgot to add that I live in Springfield Missouri. thanks

 

[Tracey]

Absolutely take L to court! The MO landlord tenant act is in Chapter 441. Lanldord tenant suits are covered by Chapter 535. You can read it in your local library's reference section. Sue L for twice the entire deposit + costs. When you get to court, argue every charge. L has a duty to repair all appliances throughout the lease, can't charge for work not done (fraud), & can't charge unreasonable amounts for work actually done ($50 for wiping fan blades!!). Be sure that one of the first pieces of evidence you lay before the judge is L's statement that 'he never refunds security deposits.'

There are also special laws that apply only to St. Louis & Jackson Cy. Check them out if you live in either one. Go team!


Here's the security deposit law:

535.300. Security deposits, limitation--return of deposit or notice of damages, when--withholding deposit, when--tenant's right to damages--security deposit defined.
1. A landlord may not demand or receive a security deposit in excess of two months' rent.

2. Within thirty days after the date of termination of the tenancy, the landlord shall:

(1) Return the full amount of the security deposit; or

(2) Furnish to the tenant a written itemized list of the damages for which the security deposit or any portion thereof is withheld, along with the balance of the security deposit. The landlord shall have complied with this subsection by mailing such statement and any payment to the last known address of the tenant.

3. The landlord may withhold from the security deposit only such amounts as are reasonably necessary for the following reasons:

(1) To remedy a tenant's default in the payment of rent due to the landlord, pursuant to the rental agreement;

(2) To restore the dwelling unit to its condition at the commencement of the tenancy, ordinary wear and tear excepted; or

(3) To compensate the landlord for actual damages sustained as a result of the tenant's failure to give adequate notice to terminate the tenancy pursuant to law or the rental agreement; provided that the landlord makes reasonable efforts to mitigate damages.

4. The landlord shall give the tenant or his representative reasonable notice in writing at his last known address or in person of the date and time when the landlord will inspect the dwelling unit following the termination of the rental agreement to determine the amount of the security deposit to be withheld, and the inspection shall be held at a reasonable time. The tenant shall have the right to be present at the inspection of the dwelling unit at the time and date scheduled by the landlord.

5. If the landlord wrongfully withholds all or any portion of the security deposit in violation of this section, the tenant shall recover as damages not more than twice the amount wrongfully withheld.

6. Nothing in this section shall be construed to limit the right of the landlord to recover actual damages in excess of the security deposit, or to permit a tenant to apply or deduct any portion of the security deposit at any time in lieu of payment of rent.

7. As used in this section, the term "security deposit" means any deposit of money or property, however denominated, which is furnished by a tenant to a landlord to secure the performance of any part of the rental agreement, including damages to the dwelling unit. This term does not include any money or property denominated as a deposit for a pet on the premises.

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This is not legal advice and you are not my client. Double check everything with your own attorney and your state's laws.

[This message has been edited by Tracey (edited July 18, 2000).]