Being sued by landlord

[tawanda]

My former landlord is taking me and my mother to Small Claims Court. On March 3 (a Friday) she wrote a check for $400 for March rent(I gave her the money; I don't have an account). Due to extreme unavoidable circumstances, that was the last day I spent at the apartment and had to move. On Monday my mother stopped payment on the check. The landlord has already stated he is keeping the $500 security deposit but is not taking us to Small Claims Court to make one or the other of us pay the check back. My mother is not on the lease and my lease was to expire in April. I also left a note for the landlord in his drop box explaining the situation. What is my position in all this. I know my mother shouldn't even have been involved by him but I'm not sure what I need to do. The place was rented within a couple of weeks.

 

[Tracey]

The lease ended in April. L is entitled to full rent until the lease expired + any damages - the $500 deposit - any money paid for March/April rent. You do the math. L may also be entitled to a stopped check fee, if one is specified in the lease. Finally, L had to send you a list of deductions from the deposit within 15 days of the lease ending and to send the balance of the deposit within 30 days of that, L can't impose any claim on the deposit & has to refund the entire amount to you. [Chapter 83.49] Countersue L for the deposit refund.

Since your name was on the lease, you are responsible for any rent/damages not covered by the deposit, unless the reason you had to leave was due to L's actions.

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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.