Do I cash the deposit return check?

[noho]

What is the name of your state (only U.S. law)? CA

I am planning to initiate a small claims suit for over $1000 against my former apartment landlord for failure to return deposit. They just sent me a $200+ check but shorted me between $1000 and $1300 (need to research). The check is about a week old. Do I cash it and sue for the difference, or will cashing it be considered "acceptance"?

 

[ENASNI]

bump for experts

I'm initiating a lawsuit for my deposit that I was shorted when I moved out. I have digital photos and video of conditions including before and after shots of damage that occurred that wasn't my fault. Can I use the photos and video in court some how? Do they have a computer with a projector or a tv with a dvd player or card reader to use to show the judge?

Tis Lass is trying and as far as I can see is getting all ducks in a row.

Stephen you out there?

 

[Zigner]

What is the name of your state (only U.S. law)? CA

I am planning to initiate a small claims suit for over $1000 against my former apartment landlord for failure to return deposit. They just sent me a $200+ check but shorted me between $1000 and $1300 (need to research). The check is about a week old. Do I cash it and sue for the difference, or will cashing it be considered "acceptance"?

As I mentioned in your other thread, I would suggest you bring your own means to show your evidence and NOT rely on the court.

 

[ENASNI]

As I mentioned in your other thread, I would suggest you bring your own means to show your evidence and NOT rely on the court.

Nice job on this and other thread... I am beginning to like you again.

 

[Zigner]

Nice job on this and other thread... I am beginning to like you again.

Phew !

 

[noho]

As I mentioned in your other thread, I would suggest you bring your own means to show your evidence and NOT rely on the court.

If you are referring to photo prints I got that. Thanks

 

[noho]

Is my question here too complicated???

I am asking if I should cash the shorted check I was given for a return on my apartment deposit before going to court, or sue for the full amount of the deposit that I feel I am entitled to. I just don't want to be accused of agreeing with the settlement and then changing my mind and suing.

 

[ENASNI]

Is my question here too complicated???

I am asking if I should cash the shorted check I was given for a return on my apartment deposit before going to court, or sue for the full amount of the deposit that I feel I am entitled to. I just don't want to be accused of agreeing with the settlement and then changing my mind and suing.

As I have heard it yes, you can cash the check and still sue for more. Does it say "payment in full" or "settlement fulfilled?" well people argue that that means you have accepted the check as complete settlement.

But I argue, No.. you can still go on if you wish to pursue more.

 

[noho]

As I have heard it yes, you can cash the check and still sue for more. Does it say "payment in full" or "settlement fulfilled?" well people argue that that means you have accepted the check as complete settlement.

But I argue, No.. you can still go on if you wish to pursue more.

Thanks for the response. I will look over the estimate paperwork that was used to "justify" the charges as well as the check itself. I am pretty confident that I can cash it but don't want to get myself in a hole.

BTW, I still need to send the "Demand for Payment", so the lawsuit is not necessarily a lock just yet. I am just assuming they won't work this out considering the ridiculous charges. They charged me for a full paint job which is clearly wear and tear (lived there many years). They also charged current brand new 2011 market price for a missing appliance that I never had (I explained and proved this to them with photos). I really have no doubt a judge will see right through this case. Just sad it had to come to this.

 

[ENASNI]

Thanks for the response. I will look over the estimate paperwork that was used to "justify" the charges as well as the check itself. I am pretty confident that I can cash it but don't want to get myself in a hole.

BTW, I still need to send the "Demand for Payment", so the lawsuit is not necessarily a lock just yet. I am just assuming they won't work this out considering the ridiculous charges. They charged me for a full paint job which is clearly wear and tear (lived there many years). They also charged current brand new 2011 market price for a missing appliance that I never had (I explained and proved this to them with photos). I really have no doubt a judge will see right through this case. Just sad it had to come to this.

It is sad it had to come to this, but you seem prepared and really seem to want to go for this. It is not fun and it takes time and some money .

Please disregard the bitter landlords Atomsmissingizer t and Searcherforgodknowswhattwin...

And please post back your results, Good Luck.

 

[Wyldrush]

Years ago I ran a small car rental company with 11 locations in FLorida and NJ. WHen customers had accidents we sue all the time for damages. Insurance companies would send in claim checks but not always cover all expenses incurred so we sue for additional damages.

All checks regardless had stamped on the back below signature and account number " acceptance of payment does not mean paid in full"

 

[Wyldrush]

BTW. do not know why your landlord held back the deposit but being a seasoned landlord I can tell you most experienced LL know how to hold a deposit. I live in Florida so laws will be different but still tenant friendly state.

For me, in case of damages, all fees incurred for repairs are done through a repair company (legally it is tough to justify I deserve $100 hr for doing the work when someone will do it for $15 hr).

What I do is complete check list when moving in and moving out. The entire house/apt is photographed and pictures are printed and both parties sign off on pictures.

Pictures provide proof of damages (or not). Ex. Walls, carpets, appliances, etc. I have with held plenty of deposits but always went to court prepared with pictures taken and signed off on by both parties. Hard to lose with that proof.

Also my rental contracts state a non refundable $500 deposit for any TV mounted to the wall as the brackets make big holes, It is a lot of dry wall repair and painting. Hang 2 tvs and that is $1000. Renter signs waiver in lease in regards to that issue. I learned early on with that issue.

 

[davidmcbeth3]

Sure, cash the check .. its a partial payment ...

 

[noho]

BTW. do not know why your landlord held back the deposit but being a seasoned landlord I can tell you most experienced LL know how to hold a deposit. I live in Florida so laws will be different but still tenant friendly state.

For me, in case of damages, all fees incurred for repairs are done through a repair company (legally it is tough to justify I deserve $100 hr for doing the work when someone will do it for $15 hr).

What I do is complete check list when moving in and moving out. The entire house/apt is photographed and pictures are printed and both parties sign off on pictures.

Pictures provide proof of damages (or not). Ex. Walls, carpets, appliances, etc. I have with held plenty of deposits but always went to court prepared with pictures taken and signed off on by both parties. Hard to lose with that proof.

Also my rental contracts state a non refundable $500 deposit for any TV mounted to the wall as the brackets make big holes, It is a lot of dry wall repair and painting. Hang 2 tvs and that is $1000. Renter signs waiver in lease in regards to that issue. I learned early on with that issue.

Sounds like you are a reasonable person with reasonable policies. I agree with this stuff too. As far as the checklist is concerned, very little of the charges are from that. I don't think charging $300 for pet damage and claiming they charge all pet owners this will fly in court. The carpet was ~10 years old after moving out. I hope the judge makes an example of these people.

 

[noho]

Years ago I ran a small car rental company with 11 locations in FLorida and NJ. WHen customers had accidents we sue all the time for damages. Insurance companies would send in claim checks but not always cover all expenses incurred so we sue for additional damages.

All checks regardless had stamped on the back below signature and account number " acceptance of payment does not mean paid in full"

Great idea, thanks.