Civil case against previous Landlord

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I bought a new home last summer and planned to terminate my lease early, but due to slow construction my home was completed the same time my lease ended. I had intended to cancel my lease early and pay the penalty but since it ended at the same time, I sent a letter to my landlord I was just moving out at the end of my normal lease date (that was in November 1999). In February I received a call from a lawyer representing the landlord and was told by the lawyer I owed my landlord over $2000.00. I immediately went to the complex and requested a copy of all the figures and I was told that my file was "lost". I questioned how this lawyer could call me and run my credit if they did not have my file. Anyway, I went to my bank and picked up copies of all my cancelled checks showing I paid them everything and in fact there were still funds left over from the security deposit (they actually owed me money and I had shown them the proof). After days of arguing with the lawyer and community manager, I went to the court house and filed a civil suit against the community for $2500.00. I had not heard from the lawyer or community manager since. The court date was set for April 27th. On Monday the 25th, the community manager called me asking if we could somehow settle this out of court and could she give me a written apology and work it out without going to court. I told the manager I would settle for $2000.00 out of court and I was told that would have to be a corporate decision and they would get back with me by today. Well, once I got home this evening there was a message on my machine from the court house stating the Defendant had requested a continuance and it was granted. The community manager admitted to me on my answering maching and later in the evening on Monday night that her office was wrong and they now had my file and admitted they had made mistakes. My questions are as follows: If the community manager admitted they were wrong, why ask for the continuance? If the community manager wants to play games like this, can I go back to the court house and cancel my case and open a new one for $10,000.00 or can I adjust the amount after the case has already been filed? What options do I have? Any advise would be greatly appreciated.

John in Maryland

 

[Tracey]

John, stop being vindictive. You're viewing the court sytem as a great big lottery that you just won. It's not and you didn't.

Your old landlord hasn't damaged your credit or anything else. All this has cost you is a little time and aggravation, which you can't get reimbursed in court anyway. They've admitted they made a mistake. Settle this for whatever damage deposit they owe you plus your court filing/service fees. If you're really mad, ask for the _entire_ damage deposit plus costs. You get interest on your deposit too (4%, wowie).

This is all you'll get when you win in court anyway. In fact, if their attorney is smart, she'll make an offer of judgment for that amount, and when you fail to collect more money than the offer, YOU'LL have to pay landlord's attorney fees from the time the offer was made through trial. I guarantee the attorney fees will be more than your recovery!

Continuances are a normal part of litigation. Don't take them personally. If you refile the case asking for $10,000 as 'revenge' for the continuance, the judge might just slap you with sanctions for abuse of process. I certainly would.

Keep the answering machine tape with the manager's admission that you owe nothing on it - it's a valid recorded admission of the defendant.


Stop being greedy and settle.

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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.