Bruised and Beaten

[83308]

Rhode Island

I am a single mother on Section 8 and have just come home from a day at small claims court trying to get my security deposit back. I realize that many people have preconceived ideas about low income tenants, but I am heartsick about the experience I had in court.

My former landlord (the third owner of the building I lived in since my tenancy) told a number of blatant lies on the stand with no documentation to back them up. He said that he heard banging and things breaking from the upstairs apartment (completely untrue) and said that I left a mess even though I brought proof in a receipt from the movers that the place was left empty and clean (I cleaned the oven, fridge, and even the windows). The judge chose to believe him even though he brought in no documents of his own other than receipts because the judge assumed that "a Section 8 inspector would not allow a landlord to rent an apartment in that condition." For anyone who has had a Section 8 inspection, they may or may not be the most stringent (depending on the inspector) but more often than not those of us with low incomes end up with apartments that have been approved, even though there were problems. And unfortunately, many low income tenants are glad to get even that because not all landlords are open to Secion 8.

Since I am not allowed to appeal in Small Claims, I have lost my entire security deposit and apparently have no recourse. I tried to locate the original owner who rented to me and could vouch for the condition of several items on the list when I first rented the apartment, but he was on vacation and I was unable to reach him before my court date.

Although I cannot appeal the judge's decision, given another week or two I can gather proof of the most recent landlord lying on the stand. Is there any way I can get some justice with the new evidence? Perhaps another court, not addressing the whole security deposit issue, but addressing the fact that the landlord's lies and demand for under the table money was what made my family have to go through the expense and stress of moving in the first place?

I am so disillusioned that someone can help himself to money that was not his in the first place, swear to tell the truth, and then lie and win. I think that the disillusionment I feel is as painful as the loss of my money.

 

[Veronica1228]

Rhode IslandWhat is the name of your state?

Is there more to this?

 

[83308]

More?

There is always more... I tried to get a copy of the original Section 8 inspection report, but when I moved I was changed to a new worker at the Housing Authority, who I have not yet met and did not return my call. I did reach my former worker, who knows me well, and she tired to be helpful, but said that I would have to call the new worker. I asked if I would be allowed access to the original Section 8 inspection report because the thing that cost the most money on was the list of damages was the metal coverings on the baseboard heat that were bent when I moved in (although the heat worked), and there may have been a note of that on the original inspection. I often find that inspectors will let an apartment pass with a verbal agreement from the owner that a problem will be remedied. This is not saying something negative about the inspectors - I think they want to help the tenants because it is so hard for us to find an apartment. There may or may not be a notation on the inspection report, but once the original owner returns I am sure that either he or his manager will vouch for the condition of the baseboards. The new owner (the third one, who took my security deposit) had only owned the place for nine months when I moved out. He claimed that the baseboards were "fine" when he purchased the house and that was a lie. He also charged me to replace a closet door that was never there in the first place. This was a very old house that had been rental property for many years.

In retrospect I realize that I have been quite naive. I cleaned the place so well, but did not think to take pictures - yet I fully believed I would receive most, if not all of my security deposit back. In Rhode Island the landlord has 20 days to either return the security deposit or an accounting after the keys and forwarding address are left. On the 21st day I had no word so I wrote to the landlord to inquire. On the 23rd day he sent a list that shocked me - he was even charging me for the condition of the stairs underneath the carpet - which we had never even seen! But I did a lot of research and believed in the truth - the apartment was our home and all we did was live there. There was no abuse or negligence. The judge did ask him why he did not contact me within the 20 days required by Rhode Island law, and he said that he did, but that it was "lost in the mail." If that were true, why did he not send me a copy of the original letter that he supposedly wrote, and why did he not even mention that he had responded already in the letter I did receive?

My oldest son warned me that he had overheard the landlord on the phone before we moved, after we had given notice (the landlord lived downstairs). He said that the landlord was furious about me contacting Section 8 about his demand for under the table money. He overheard the landlord shouting to whoever he was speaking to that he planned to make things difficult for us. I never brought this up in court because I believed that the judge would go over the numbers and paperwork. Instead my landlord addressed the items on his list then continued to adlib. Suddenly it was as though I was the defendant. He said we were "filthy" (not true) and caused a rodent problem. The truth was that there were rats in the neighborhood (the local neigborhood association gave out rat-proof garbage cans), but we never had any rats indoors until the last year I was there. It happened just after the second of my 3 landlords was doing something in the cellar (the cellar was awful - it had a dirt floor and poor lighting) and disturbed a rat's nest. Then the third landlord (the one who took my security deposit) had an inspector come in. His inspector not only found the rat's nest in the cellar, but found a point of entry outside the house. The second landlord told me that because of what the inspector found she had to lower the price for the third owner. All this had nothing to do with me, but somehow when we were in court I became the "dirty tenant who brought in rodents."

As appalling as all this was, I liked the house (the foundation was built in the 1840s and the house was finished after the Civil War, with an addition in 1930), and I loved the neighborhood - it was our home. Now I am in a very nice apartment, but a really tough neighborhood.

I would never have moved from the first place if the landlord was not trying to demand $350 under the table. Not only could I not afford it (there is a reason people are on Section 8), but if I had gone along with it I would have risked getting kicked off the program. That would jeopardize my family's security completely as we cannot afford full rent on my present income.

The bottom line is that I did not damage the property, and all I am guilty of is being too naive and not being prepared.