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Message
Suing someone out of state
Posted on 2/10/19 at 2:15 pm
Posted on 2/10/19 at 2:15 pm
A few months ago, I moved to Georgia, from Texas. My former land lord hasn't returned my security deposit. When I emailed him, he said that he just doesn't have the money and will pay me when he can. That was a month ago, so now I'm thinking I might have to sue him for it.
The problem is, it isn't worth the time to drive back to Texas and all of the other expenses involved (it was only a $500 deposit). I think he kind of knows this, which is why he is dragging his feet like this. Would I have any other kind of recourse?
The problem is, it isn't worth the time to drive back to Texas and all of the other expenses involved (it was only a $500 deposit). I think he kind of knows this, which is why he is dragging his feet like this. Would I have any other kind of recourse?
5
Posted on 2/10/19 at 2:31 pm to brmark70816
In college i rented apartments. Seldomly, did a receive any of my security deposit back. I never beat up the property, but the landlords always seemed to find something to justify them holding onto to my deposit.
I think a lot of small claims courts would side with a landlord as well.
That said, if he already told you he was going to return your $500, you need to hold him to it. Especially if you have a record of him doing so
I think a lot of small claims courts would side with a landlord as well.
That said, if he already told you he was going to return your $500, you need to hold him to it. Especially if you have a record of him doing so
Posted on 2/10/19 at 2:33 pm to brmark70816
quote:
Wrongful Withholding A landlord can be responsible for up to three times the amount of a withheld deposit plus attorney's fees if she attempts to wrongfully withhold a tenant’s security deposit. The landlord gives up the right to withhold any of the security deposit and might have to pay attorney fees the tenant incurs trying to recover his deposit if the landlord does not provide written a notice of any damages for the portion of security withheld.
Basics of the Texas Security Deposit Law
Tips on Getting Deposit Back
Write him a demand letter, cite the law, and set a deadline for him to return the deposit. Tell him you will file suit for the triple damages and attorney fees if he does not, and then do it if it comes to that.
You may be able to sue in a small claims court if there is one in the area where you rented. You may want to hire a lawyer who can handle it while you are in Georgia.
This post was edited on 2/10/19 at 2:35 pm
Posted on 2/10/19 at 3:50 pm to Twenty 49
Thank you. That helps a lot. I will look into this..
Posted on 2/10/19 at 8:34 pm to brmark70816
Sue someone for 500 dollars. Just LOL
Posted on 2/10/19 at 8:42 pm to thatguy777
At some point in most people’s lives $500 can be a lot of money and is needed. He’s owed the money. He should get it back.
Posted on 2/10/19 at 10:29 pm to thatguy777
quote:
Sue someone for 500 dollars. Just LOL
This type of comment isn't necessary
Posted on 2/11/19 at 7:14 am to brmark70816
If he has agreed that you qualify for your deposit to be returned then hold him to it. Bottom feeding slum lords are right there with lawyers and politicians, they'll do whatever is possible to get what isn't theirs. A well typed up formal letter should get the ball moving. $500 or $50000, it doesn't matter, you deserve what you are owed.
Posted on 2/11/19 at 12:55 pm to 3morereps
quote:
In college i rented apartments. Seldomly, did a receive any of my security deposit back. I never beat up the property, but the landlords always seemed to find something to justify them holding onto to my deposit.
While I agree, most states require you to give an itemized list with prices for any deposit that is held. The landlord can't simply say, sorry you caused $1000 worth of damage.
Posted on 2/11/19 at 9:08 pm to brmark70816
Write a demand letter. Threaten to take him to small claims court (in Texas where he lives or the property is located) and demand your deposit back. Local legal aid can take the case on for you and the landlord would have to pay them for your attorney fees and you double or treble damages for wrongfully withholding your deposit. Having said that, do you really want to go through all that aggravation for $500? If you can get pro bono representation, it may be.
Posted on 2/13/19 at 3:08 pm to beachdude
The guy wrote me and promised to send the money by March the 1st. So I might not have to go through with anything. But I appreciate all the advice..
Posted on 2/14/19 at 6:27 pm to beachdude
quote:
Local legal aid can take the case on for you
Most legal aid places require you be in complete poverty to qualify for help on a civil case.
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