C
curious_george
Guest
I could not see the posting on the previous thread so I thought I would start a new thread.
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Thank you for your reply.
The LEASE states 15 days (is that the same as the law?) In any case, can I sue the landlord for unlawfully withholding my deposit? It has been 15 months since he should have returned the deposit. Can I claim interest? The lease states:
"Landlord shall have 15 days to return security deposit together with interest if otherwise required"
How do I calculate the interest? Should I maybe send the landlord another letter stating my intent to go to small claims or threaten to sue and see if he will refund to save hassles of going to small claims? I would like to sue to get some money for the withholding of my money and for his humiliating notification letter full of false accusations (that we can prove are false (visual and written proof))... do you think I could win as this case is a simple breach of contract and how much could I sue him for? Will he question why I never brought up the breach of contract in previous attempts of contact(I was more concerned with proving his accusations to be false, and only later looked at the lease in detail)? Although, that would imply he DID receive my letters/faxes and simply did not bother to respond. I would appreciate any advice as to whether I should:
1.simply threaten to go to small claims and request he mail me the deposit, (no hassles, but less money)
2.sue, if my chances are good on winning (additional hassles but perhaps more money).
3.go to small claims (additional hassles again. Any money besides refund of deposit?).
Thank you very much for your advice. I really did not know where else to turn.
[This message has been edited by curious_george (edited October 05, 2000).]
[This message has been edited by curious_george (edited October 05, 2000).]
------------------------------
Thank you for your reply.
The LEASE states 15 days (is that the same as the law?) In any case, can I sue the landlord for unlawfully withholding my deposit? It has been 15 months since he should have returned the deposit. Can I claim interest? The lease states:
"Landlord shall have 15 days to return security deposit together with interest if otherwise required"
How do I calculate the interest? Should I maybe send the landlord another letter stating my intent to go to small claims or threaten to sue and see if he will refund to save hassles of going to small claims? I would like to sue to get some money for the withholding of my money and for his humiliating notification letter full of false accusations (that we can prove are false (visual and written proof))... do you think I could win as this case is a simple breach of contract and how much could I sue him for? Will he question why I never brought up the breach of contract in previous attempts of contact(I was more concerned with proving his accusations to be false, and only later looked at the lease in detail)? Although, that would imply he DID receive my letters/faxes and simply did not bother to respond. I would appreciate any advice as to whether I should:
1.simply threaten to go to small claims and request he mail me the deposit, (no hassles, but less money)
2.sue, if my chances are good on winning (additional hassles but perhaps more money).
3.go to small claims (additional hassles again. Any money besides refund of deposit?).
Thank you very much for your advice. I really did not know where else to turn.
[This message has been edited by curious_george (edited October 05, 2000).]
[This message has been edited by curious_george (edited October 05, 2000).]