• FreeAdvice has a new Terms of Service and Privacy Policy, effective May 25, 2018.
    By continuing to use this site, you are consenting to our Terms of Service and use of cookies.

Need advice on Small Claim

Accident - Bankruptcy - Criminal Law / DUI - Business - Consumer - Employment - Family - Immigration - Real Estate - Tax - Traffic - Wills   Please click a topic or scroll down for more.

tenant_for_ever

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

I am suing my ex-landlord in Small Claims court over a maintenance item. I paid for the maintenance while a tenant since landlord refused to pay it. I checked State Law and pretty sure it is LL's responsibility. I did not argue at that point fearing retaliation and now bringing a case asking landlord to pay me back.
Questions --

1) During my stay, the landlord lost my rent check multiple times and I had to follow up with him and send him duplicate check? Shall I point this to the judge (proves landlord is negligent and tenant is prompt in payment)

2) The landlord did not pay interest on Security Deposit even though it is mandated by State Law. shall I point this out (proves landlord habitually violates law)

3) The elevator in apartment building was running with expired safety cerificate for a couple of months. Shall I point this (landlord is usually negligent in maintainting the apartment)

4) If the judge asks why I am suing several months after the incident, is it OK to say that I was fearing retaliation by landlord or shall I say that I was not aware of law ?
 


BL

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

You forgot to answer the very important question .
 

CA LL

Senior Member
Post Your State

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

You forgot to answer the very important question .
 

Zigner

Senior Member, Non-Attorney
What was the maintenance item?

ETA: 3 of the 4 things you stated won't affect the validity of your suit. The ONLY thing is that you may be able to recover the amount of interest that your SD should have earned.
 

BL

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

I am suing my ex-landlord in Small Claims court over a maintenance item. I paid for the maintenance while a tenant since landlord refused to pay it. I checked State Law and pretty sure it is LL's responsibility. I did not argue at that point fearing retaliation and now bringing a case asking landlord to pay me back.
Questions --

1) During my stay, the landlord lost my rent check multiple times and I had to follow up with him and send him duplicate check? Shall I point this to the judge (proves landlord is negligent and tenant is prompt in payment)

2) The landlord did not pay interest on Security Deposit even though it is mandated by State Law. shall I point this out (proves landlord habitually violates law)

3) The elevator in apartment building was running with expired safety cerificate for a couple of months. Shall I point this (landlord is usually negligent in maintainting the apartment)

4) If the judge asks why I am suing several months after the incident, is it OK to say that I was fearing retaliation by landlord or shall I say that I was not aware of law ?
As a tenant , there needs to be steps followed .

Have you followed them ?

Landlord Rights and Responsibilities


Tenant & Landlord - Office of Consumer Affairs and Business Regulation
 

seniorjudge

Senior Member
Sorry, could not make the links work. I have sent written request for maintenance. It was a problem with Electrical System (the circuit breaker switches in main supply) and I had to hire a licensed Electrical contractor to fix it.
Google

massachusetts consumer housing information tenant landlord
 

BL

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

I am suing my ex-landlord in Small Claims court over a maintenance item. I paid for the maintenance while a tenant since landlord refused to pay it. I checked State Law and pretty sure it is LL's responsibility. I did not argue at that point fearing retaliation and now bringing a case asking landlord to pay me back.
Questions --

1) During my stay, the landlord lost my rent check multiple times and I had to follow up with him and send him duplicate check? Shall I point this to the judge (proves landlord is negligent and tenant is prompt in payment)
Irrelevant to the issue . You prove you paid the entire rent , wrote a letter of need for elect. repair - gave the LL time to repair .

2) The landlord did not pay interest on Security Deposit even though it is mandated by State Law. shall I point this out (proves landlord habitually violates law)

Yes , ask for the interest plus any other damages/amounts you may be entitled to as a result .

3) The elevator in apartment building was running with expired safety cerificate for a couple of months. Shall I point this (landlord is usually negligent in maintainting the apartment)

Irrelevant to you issues at hand , you could have complained to the appropriate agency .

4) If the judge asks why I am suing several months after the incident, is it OK to say that I was fearing retaliation by landlord or shall I say that I was not aware of law ?
You can tell the truth . If you're entitled to a Judgment , one will be awarded .
 

Find the Right Lawyer for Your Legal Issue!

Fast, Free, and Confidential
data-ad-format="auto">
Top