Judement won in original case. Reschedueled.

[rtbrain]

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

My son just won a judgement in small claims against a landlord for not returning security deposit and received triple the amount. The judge stated that the keeping of the deposit was willful & malicious. The landlord was not in court. My son received the paper work from the court to have the judgement filed & sent to landlord. Our county has a website where you can check the progress of any case by using name of plaintiff or defendant. I checked it today and found that the case has now been rescheduled stating that court sent notice to wrong address. I realize mistakes happen, but the original documents were served to correct address and she sent an answer along with a request for a continuance, which she was granted. Does she not have any responsibility of checking on the case if she is aware of the case, either by calling the court or checking on the counties web site?

My son along with his 2 roommates were given notice to vacate by the end of June and told the condo was sold. This turned out not to be true, regardless of the reason they were to be out in 30 days, and they were. My son and another roommate cleaned the place because they needed the 1200.00 deposit in order to move into a new place. My son's attempts to contact the landlord went unanswered and she did not meet with him for a walk through. Also, the new tenants were moving items in the day my son was moving out and cleaning.

I advised him to send a certified letter requesting the deposit back or a statement itemizing deductions with forwarding address. At the delivery time no one was home so the card notifying that a certified letter is to be picked up at local PO and who it is from was left in her mail box. She never picked it up so it was returned to him. He also left a copy on her door that was not responded to.

In her answer she stated that rent was late several times and that the renters would always meet them to give the rent, stating they did not want her to see the condition of the apartment. She states that upon the delivery of a washer & dryer to the unit, the place was a mess. I'm sure with 3 young guys living there, it was a mess. The important thing is the condition when they moved out. It was left clean & undamaged with normal wear to carpet. She states in her answer and I quote "The following repairs had to be done 1. Three Floors of carpet professionally cleaned." That was at the bottom of the page so if there was another page, she failed to file it in her answer.

In South Carolina the landlord is required to provide in writing an itemized list of anything that has been deducted from the deposit within 30 days. She never did. My son was awarded the judgement against her, but she was not there to present her case. I feel that the ruling will be the same. According to my son there was no damage, my husband helped him move and also said he saw no damage. He was in court the first time and will be again. Am I wrong in being confident? If she is able to prove damage, that I am not aware of, is she entitled to judgement even if she did not provide the required written itemization of damages for keeping deposit?

Thanks for taking the time to read.What is the name of your state (only U.S. law)?

 

[Who's Liable?]

The only thing lacking is evidence of the condition the unit was left in. Did your son happen to take photos of the rental unit upon move out?

It sounds as if everything is in order(minus photos) and the rescheduled court day will go in your favor. The LL needs to be present to present their side of the case. She would also need to provide evidence that the unit was in such disrepair to warrant keeping the security deposit.

HOWEVER if a LL FAILS to return the deposit within the allotted time given them per your states LL/T laws REGARDLESS of actual damages, your son would still win. Make sure to bring a copy of your states LL/T laws regarding return of security deposits to present as evidence, if needed, to the next court date.

 

[BL]

As per your question on the reschedule .

If a party to the action can show good cause , a judge can put the matter back on the calender to be reheard .

In this case there was good cause , because the LL did not receive the summons ( because it was sent to the wrong address ) .

There is no duty for either party to look on a web .

 

[rtbrain]

Thanks for the responses.

I did tell my son to take pictures, not that we expected any problems on the return of the deposit. But he forgot, which I regret but nothing but I can do about that. My husband and others did see the condition, but pictures would have been best.

Yes I agree she should have the opportunity to present her side.

The way I understand it is- because she did not provide any written itemized deductions to him, even if she claims damage, he still would prevail. We have all the documentation including sending the certified letter she never picked up.

 

[Who's Liable?]

Thanks for the responses.
not that we expected any problems on the return of the deposit.

If I had a dime for everytime I heard that...

But he forgot, which I regret but nothing but I can do about that. My husband and others did see the condition, but pictures would have been best.

Which is fine, however a judge might view it as a biased opinion.

The way I understand it is- because she did not provide any written itemized deductions to him, even if she claims damage, he still would prevail. We have all the documentation including sending the certified letter she never picked up.

You are correct. Even if there is damages, because the LL failed to return the deposit in the time allotted per your states LL/T laws, she would still lose. Be sure to take ALL the evidence with you as well as your states LL/T laws regarding this exact situation.

 

[JETX]

HOWEVER if a LL FAILS to return the deposit within the allotted time given them per your states LL/T laws REGARDLESS of actual damages, your son would still win.

With all due respect to my esteemed colleague, "Who's Liable?", though generally correct in most states, according to South Carolina statute (see below), failure to forward the deposit does not waive the landlords rights to claim damages.

SECTION 27-40-410. Security deposits; prepaid rent.

(a) Upon termination of the tenancy, property or money held by the landlord as security must be returned less amounts withheld by the landlord for accrued rent and damages which the landlord has suffered by reason of the tenant's noncompliance with Section 27-40-510. Any deduction from the security/rental deposit must be itemized by the landlord in a written notice to the tenant together with the amount due, if any, within thirty days after termination of the tenancy and delivery of possession and demand by the tenant, whichever is later. The tenant shall provide the landlord in writing with a forwarding address or new address to which the written notice and amount due from the landlord may be sent. If the tenant fails to provide the landlord with the forwarding or new address, the tenant is not entitled to damages under this subsection provided the landlord (1) had no notice of the tenant's whereabouts and (2) mailed the written notice and amount due, if any, to the tenant's last known address.

(b) If the landlord fails to return to the tenant any prepaid rent or security/rental deposit with the notice required to be sent by the landlord pursuant to subsection (a), the tenant may recover the property and money in an amount equal to three times the amount wrongfully withheld and reasonable attorney's fees.

(c) If a landlord (1) rents more than four adjoining dwelling units on the premises, and (2) imposes different standards for calculating security/rental deposits required of different tenants on the premises, then, prior to the consummation of the rental agreement, the landlord shall either post in a conspicuous place on the premises, or at the place at which rental is paid a statement clearly indicating the standards by which such security/rental deposits are calculated, or shall provide each prospective tenant with a statement setting forth the standards. If a landlord fails to comply with this subsection as to a tenant, the difference between the security/rental deposit required of the tenant and the lowest security/rental deposit required of any other tenant of a comparable dwelling unit on the premises is not subject to deductions for damages by reason of the tenant's noncompliance with Section 27-40-510.

(d) This section does not preclude the landlord or tenant from recovering other damages to which he may be entitled under this chapter or otherwise.

(e) Subject to the provisions of Section 27-40-450, the holder of the landlord's interest in the premises at the time of the termination of the tenancy is bound by this section.
S.C. Code of Laws Title 27 Chapter 40 Residential Landlord And Tenant Act - www.scstatehouse.net-LPITS

 

[Mrs. D]

With all due respect to my esteemed colleague, "Who's Liable?", though generally correct in most states, according to South Carolina statute (see below), failure to forward the deposit does not waive the landlords rights to claim damages.

SECTION 27-40-410. Security deposits; prepaid rent.

(a) Upon termination of the tenancy, property or money held by the landlord as security must be returned less amounts withheld by the landlord for accrued rent and damages which the landlord has suffered by reason of the tenant's noncompliance with Section 27-40-510. Any deduction from the security/rental deposit must be itemized by the landlord in a written notice to the tenant together with the amount due, if any, within thirty days after termination of the tenancy and delivery of possession and demand by the tenant, whichever is later. The tenant shall provide the landlord in writing with a forwarding address or new address to which the written notice and amount due from the landlord may be sent. If the tenant fails to provide the landlord with the forwarding or new address, the tenant is not entitled to damages under this subsection provided the landlord (1) had no notice of the tenant's whereabouts and (2) mailed the written notice and amount due, if any, to the tenant's last known address.

(b) If the landlord fails to return to the tenant any prepaid rent or security/rental deposit with the notice required to be sent by the landlord pursuant to subsection (a), the tenant may recover the property and money in an amount equal to three times the amount wrongfully withheld and reasonable attorney's fees.

(c) If a landlord (1) rents more than four adjoining dwelling units on the premises, and (2) imposes different standards for calculating security/rental deposits required of different tenants on the premises, then, prior to the consummation of the rental agreement, the landlord shall either post in a conspicuous place on the premises, or at the place at which rental is paid a statement clearly indicating the standards by which such security/rental deposits are calculated, or shall provide each prospective tenant with a statement setting forth the standards. If a landlord fails to comply with this subsection as to a tenant, the difference between the security/rental deposit required of the tenant and the lowest security/rental deposit required of any other tenant of a comparable dwelling unit on the premises is not subject to deductions for damages by reason of the tenant's noncompliance with Section 27-40-510.

(d) This section does not preclude the landlord or tenant from recovering other damages to which he may be entitled under this chapter or otherwise.

(e) Subject to the provisions of Section 27-40-450, the holder of the landlord's interest in the premises at the time of the termination of the tenancy is bound by this section.
S.C. Code of Laws Title 27 Chapter 40 Residential Landlord And Tenant Act - www.scstatehouse.net-LPITS

The above bolded sections seem to indicate that SC is not so different from other states. I would read this entire section as requiring the LL to actively recover those damages if they feel they are entitled to them, but didn't follow subsection (a) - meaning filing a countersuit or separate suit for damages.

 

[JETX]

The above bolded sections seem to indicate that SC is not so different from other states. I would read this entire section as requiring the LL to actively recover those damages if they feel they are entitled to them, but didn't follow subsection (a) - meaning filing a countersuit or separate suit for damages.

Wow... what a bunch of crap.
Clearly, you are ignorant of the laws in most states. Most states (as suggest by 'WL') waive the landlords rights to claim damages or against the deposit if they fail to provide an 'accounting' of the damages and deductions from the deposit in WRITING to the former tenants within a set number of days of termination of the lease. SC is NOT one of them.

 

[Mrs. D]

Recovering damages is different from claiming them...

Legally speaking: recovery n. the amount of money and any other right or property received by a plaintiff in a lawsuit.

Yes, the law can get awfully technical about these things.

Going on:

RECOVERY. A recovery, in its most extensive sense, is the restoration of a former right, by the solemn judgment of a Court of justice. 3 Murph. 169.
2. A recovery is either true or actual, or it is feigned or common. A true recovery, usually known by the name of recovery simply, is the procuring a former right by the judgment of a court of competent jurisdiction; as, for example, when judgment is given in favor of the plaintiff when he seeks to recover a thing or a right.

I suppose it's possible that a judge could ignore the mandate for a true recovery in absence of the procedures required by subsection (a), but that would be stretching the definition of a common legal term.

 

[JETX]

Recovering damages is different from claiming them...

Legally speaking: recovery n. the amount of money and any other right or property received by a plaintiff in a lawsuit.

Yes, the law can get awfully technical about these things.

Going on:

RECOVERY. A recovery, in its most extensive sense, is the restoration of a former right, by the solemn judgment of a Court of justice. 3 Murph. 169.
2. A recovery is either true or actual, or it is feigned or common. A true recovery, usually known by the name of recovery simply, is the procuring a former right by the judgment of a court of competent jurisdiction; as, for example, when judgment is given in favor of the plaintiff when he seeks to recover a thing or a right.

I suppose it's possible that a judge could ignore the mandate for a true recovery in absence of the procedures required by subsection (a), but that would be stretching the definition of a common legal term.

You're still full of crap!!

 

[Alaska landlord]

The failure of the landlord to return the security deposit within the allotted state specified time period is not an automatic win for the tenant. The court will often take into consideration whether the landlord was acting in bad faith.
.

 

[Cvillecpm]

There is an APPEAL time after a judgement is entered and the landlord either filed an appeal or brought an ERROR to the attention of the court.

Your son will have a trial de novo and needs to go through the WHOLE process AGAIN...have him talk to an attorney and get his documents (ducks) in a row...this is a LIFE LESSON and the sooner he learns it the better off he will be in his ADULT LIFE (without "mother's help).