(Is it time to sue?

[nick1985]

Here is my tale of woe...

Rented a place that was month to month rent, decided I wanted to leave and put in 30 days notice at the end of the month. I had already paid my last months rent at the start of my tenancy, so I didnt have to pay anything for the last month I was there. At the end of that month, I packed up my stuff, went downstairs to turn in my key and see about getting my $400 security deposit back. She had a snotty attitude with me, took the key and said she would mail me my security deposit in a couple weeks. This was Dec. 1st

Dec 15th comes and goes, no security deposit. The landlord wasnt wealthy at all, so I figured times were rough with the holidays and I would cut her some slack. I gave her til Jan 1st and when nothing showed up in my mail I payed her a visit. She claimed she had no money and I would have to wait until the end of Feb. Still I didnt play hardball, I told her ok, but I do expect that money no later than end of Feb.

March 1st rolls around and nothing. I paid her another visit on March 5th, she claimed she had just mailed out the check the previous day. She was apologetic that it took so long, I said no worries and have a nice day. I was nothing but polite through the whole process.

A few days go by and no fucking check. She lied to my damn face. I go back, say "wtf" basically and she goes on some rant about how I screwed her over by leaving in the middle of winter and some other BS. I said "listen, I didnt break the rental agreement. I gave my 30 days notice and left the apartment in better shape than I got it. I Expect my money by Thursday and if there is no check in my mailbox by Thursday we are going to have big problems"

Thursday rolls around...I get a check! But its only for $100 /sigh

I sent her a certified letter laying out the landlord/tenant law here which says she has so many days to provide me a reason why she withheld my deposit, or else she could pay double + an additional $150 back to me (so potentially $950 could be owed to me). I told her in the letter she has until April 1st to pay me or its legal time.

She recieved the letter and as of today, April 6th, no check and she hasnt tried to even communicate with me. Im thinking about paying her one last visit today before I go through the hassle of filing small claims...

What other ideas or avenues should I pursue here? Any suggestions?

 

[edro]

It sounds like you've done everything right.

 

[se7en]

Just document everything you can now while its fresh on the brain. I would also suggest at least one more call or visit to see what she has to say and to let her know you'll be taking her to court. I would keep it as pleasant as can be but let her know you will be attempting to collect the money + interest as it's been so long.

You could also offer her some type of written payment agreement if you think she just really cant pay it back all at once. All this should go well for you if you do have to take her to court as bad as that does suck.
just my .01

 

[shocksyde]

Court time. You'll win easily. The laws regarding security deposits are very strict.

 

[xanis]

Originally posted by: edro
It sounds like you've done everything right.

I agree. You've been plenty lenient, polite, and have done everything in a calm, legal manner. As long as you've kept all documentation regarding the apartment, rental agreements, etc you should have no problem taking this to court and winning.

 

[nick1985]

Im thinking of going over there after work with a thick folder in my arms(scare tactic) and saying basically you have 3 options:

1) Pay me my fuckin $300 now

2) Agree to sign this primosory note that you will pay me x amount of money a month for x number of months until $300 is paid

3) Or tell her she can be served right then and there with her papers for a court summons (I obviously wouldnt have them yet, but the folder should scare her)



Im hoping she will select one of the first 2 options.

Should I do that?





*edit*

And just to rant I know exactly what this lowlife is doing. She thinks that since I'm a young guy (only 24) that she can take advantage of me since I'm bound to be "clueless". I think shes hoping that I will just forget about it and cut my losses. Well she's messing with the wrong "kid". $300 is a lot of fucking money, I could do a lot with that right now esp since I'm taking classes and planning on moving closer to Chicago here at the end of this month. GRRRRRR

 

[2Xtreme21]

Originally posted by: Xanis

Originally posted by: edro
It sounds like you've done everything right.

I agree. You've been plenty lenient, polite, and have done everything in a calm, legal manner. As long as you've kept all documentation regarding the apartment, rental agreements, etc you should have no problem taking this to court and winning.

It's not too late to change that! Baseball bat to car seems like the only reasonable solution.

 

[3chordcharlie]

Originally posted by: nick1985
Im thinking of going over there after work with a thick folder in my arms(scare tactic) and saying basically you have 3 options:

1) Pay me my fuckin $300 now

2) Agree to sign this primosory note that you will pay me x amount of money a month for x number of months until $300 is paid

3) Or tell her she can be served right then and there with her papers for a court summons (I obviously wouldnt have them yet, but the folder should scare her)



Im hoping she will select one of the first 2 options.

Should I do that?

You're going to look like an idiot when she doesn't pick one of the first two options.

Given that you've done everything right so far, and you will most likely win if you have to go to court, I see no reason to invite the opportunity to look like an idiot for no reason.

 

[nick1985]

Originally posted by: 3chordcharlie

Originally posted by: nick1985
Im thinking of going over there after work with a thick folder in my arms(scare tactic) and saying basically you have 3 options:

1) Pay me my fuckin $300 now

2) Agree to sign this primosory note that you will pay me x amount of money a month for x number of months until $300 is paid

3) Or tell her she can be served right then and there with her papers for a court summons (I obviously wouldnt have them yet, but the folder should scare her)



Im hoping she will select one of the first 2 options.

Should I do that?

You're going to look like an idiot when she doesn't pick one of the first two options.

Given that you've done everything right so far, and you will most likely win if you have to go to court, I see no reason to invite the opportunity to look like an idiot for no reason.

Yeah the plan would def blow up in my face if she does select door number 3. But then again, its not like that could somehow be used against me in court... "your honor he came to my house claiming he had court papers...and he didnt!"

right?

 

[Jeeebus]

option 2 is stupid as you're just converting an amount that is immediately due and payable to one that is payable over the course of x amount of months... and if she hasn't paid on something due now, what makes you think you're going to have any better luck collecting over the course of several months?

Not to mention you'd be converting the dispute from a landlord/tenant dispute (heavily in your favor) to a standard breach of contract dispute if and when you have to sue.

 

[Aharami]

dont even bother talking to her. take her to small claims court stat

 

[compman25]

Originally posted by: nick1985
Im thinking of going over there after work with a thick folder in my arms(scare tactic) and saying basically you have 3 options:

1) Pay me my fuckin $300 now

2) Agree to sign this primosory note that you will pay me x amount of money a month for x number of months until $300 is paid

3) Or tell her she can be served right then and there with her papers for a court summons (I obviously wouldnt have them yet, but the folder should scare her)



Im hoping she will select one of the first 2 options.

Should I do that?





*edit*

And just to rant I know exactly what this lowlife is doing. She thinks that since I'm a young guy (only 24) that she can take advantage of me since I'm bound to be "clueless". I think shes hoping that I will just forget about it and cut my losses. Well she's messing with the wrong "kid". $300 is a lot of fucking money, I could do a lot with that right now esp since I'm taking classes and planning on moving closer to Chicago here at the end of this month. GRRRRRR

She knows what she's doing. She doesn't think she can take advantage of you, she knows she can. She knew it the minute the required time limit passed and you didn't sue her. How is she messing with the wrong kid? almost 4 months later and she still has your money and you still haven't sued her?

 

[nick1985]

Originally posted by: Jeeebus
option 2 is stupid as you're just converting an amount that is immediately due and payable to one that is payable over the course of x amount of months... and if she hasn't paid on something due now, what makes you think you're going to have any better luck collecting over the course of several months?

Not to mention you'd be converting the dispute from a landlord/tenant dispute (heavily in your favor) to a standard breach of contract dispute if and when you have to sue.

I see your point. However part of me really believes she doesnt have the money because she is poor. I think thats why she broke down and mailed me $100 instead of the $400. I think if she had the money she would have paid it then... She knows she owes it. She has not made any sort of argument in terms of damages that I caused or any other reason as to why she shouldn't have to pay me.

Blah why does doing the right thing have to be so fuckin difficult for some people -_-

 

[nick1985]

Originally posted by: compman25

Originally posted by: nick1985
Im thinking of going over there after work with a thick folder in my arms(scare tactic) and saying basically you have 3 options:

1) Pay me my fuckin $300 now

2) Agree to sign this primosory note that you will pay me x amount of money a month for x number of months until $300 is paid

3) Or tell her she can be served right then and there with her papers for a court summons (I obviously wouldnt have them yet, but the folder should scare her)



Im hoping she will select one of the first 2 options.

Should I do that?





*edit*

And just to rant I know exactly what this lowlife is doing. She thinks that since I'm a young guy (only 24) that she can take advantage of me since I'm bound to be "clueless". I think shes hoping that I will just forget about it and cut my losses. Well she's messing with the wrong "kid". $300 is a lot of fucking money, I could do a lot with that right now esp since I'm taking classes and planning on moving closer to Chicago here at the end of this month. GRRRRRR

She knows what she's doing. She doesn't think she can take advantage of you, she knows she can. She knew it the minute the required time limit passed and you didn't sue her. How is she messing with the wrong kid? almost 4 months later and she still has your money and you still haven't sued her?

Well she has paid 1/4 of the debt owed to me. But yes you are right, she still has $300.

I guess 1 last visit to see whats up then quit farting around with her being nice and sue.

 

[xanis]

Originally posted by: nick1985
Well she has paid 1/4 of the debt owed to me. But yes you are right, she still has $300.

I guess 1 last visit to see whats up then quit farting around with her being nice and sue.

This. Pay her a visit, tell her that enough is enough and that you're taking her ass to court.

 

[DrawninwarD]

So many people with landlord issues. I'm renting a room atm and will move out at the end of the month. I hope my landlord doesn't pull shit with my security deposit.

 

[Ns1]

yes

 

[3chordcharlie]

Originally posted by: DrawninwarD
So many people with landlord issues. I'm renting a room atm and will move out at the end of the month. I hope my landlord doesn't pull shit with my security deposit.

In Ontario, there is a security deposit which = last month's rent (and by law can't be more than that).

We also have 60 days notice for termination, which gives a nice window for the landlord to inspect the property while still effectively holding an extra month of rent. If everything is above board, the deposit is used for the last month's rent, and no further money changes hands.

 

[Phoenix86]

Originally posted by: Aharami
dont even bother talking to her. take her to small claims court stat

This.

 

[alrocky]

You should have sent her a certified letter in Dec (after she first failed to refund your money) and every couple of weeks after that. She was in violation last year and you should have taken her to Small Claims Court in Jan. She is delaying payment and only gave $100 because you not doing everything right but are being too generous by waiting for payment.

You should have done a walk thru with her as you vacated the apt., taken pics, and gotten paperwork saying the apt. was up to snuff.

Get that crap that she is too poor out of your head - that has absoultely nothing to do with her legal obligation to refund your money. That money is suppose to be held in a seperate account that she has no business touching in the first place.