Help! I'm going to Small Claims Court Next Month Need Pointers...PLEASE!!?

Well technically I'm not going, but my friend is...She's taking her ex land lord to court b/c he refuses to give her back her deposit. She left the apartment in good condition even took several pictures and video of how the apartment was left before and after she moved out. Anyway, she never signed a contract just filled out and application. She even gave her landlord a 30 day moving notice...However, her landlord refuses to give her back her deposit b/c she was only living in the apartment less than 6 months so supposedly she forfeits the deposit?! I've never herd of this rule b4. That's why she's taking him to small claims next month... So do you think she has a chance of getting her money back?!? Should she take the pics to court? How about the video? Should she take it on a disk or show him from her camera? Your feed back is greatly appreciated....Thanks in advance...Best answers gets 10 points for sure!!! ;]

Help! I'm going to Small Claims Court Next Month Need Pointers...PLEASE!!?
Your friend is taking the correct steps to recover her deposit. The fact that she has proof of the condition prior and after is a good. I suggest that your friend prepare a written demand for the deposit with a written response on why the deposit is considered forfeited.





In small claims court, almost everything is admissible. It is more like peoples court you might see on TV.





The only thing I can see that would give the landlord cause to keep the deposit if there was a lease in place and the term of the lease was not upheld. The tenant is responsible for the remainder of the term until the unit is re-rented for the remainder of the term. Breaking the lease prior to the expiration of the term invokes this clause. Since there was no lease signed, the tenancy is considered month to month.





I assume that a move out inspection was conducted with the landlord and the landlord provided a clean report. Otherwise that would be the only area your friend is vulnerable. Technically (and if the landlord is unscrupulous) he could generate a report indication repairs that were needed that cant be shown in pictures or a video.





There are good and bad landlords out there. I personally am never offended when tenants ask for written correspondences from me. In fact I prefer to keep all communications between myself and my tenants in writing so that there is no misunderstanding.
Reply:10 Points LOL big dealllllll The question is how long she agreed to stay in the unit. and where it is located.





If she is college student in a College town, timing is a big deal





ALL my leases state plain and clear. "Moving out early forfeits any and all deposits, and prepaid rents".





I think that is pretty well standard in most leases..





She made an agreement, so she is in the wrong, Only thing in her favor is she can dispute the length of the lease agreed to... and fact she has no lease is something else, but if she signed application, might have some of the terms in it.





I have a young man now that is trying to move out after nine months because he is going to be gone this summer, and does not want to pay rent... But his lease says he has to pay, and even my web site says same thing... He will not get his deposit back, or any prepaid rent. Sometimes a landlord has to be a JERK, and this is one of them in my book, Else what good is a lease??
Reply:You're correct, she doesn't "forfeit" the deposit just because she was there less six months. I'm a landlord myself and I've never heard of that "law."





This assumes she doesn't have a lease. If she doesn't, she in effect has a month-to-month lease and can move out at any time, simply by giving a 30-day notice.





Note that in many states, her landlord actually owes her interest on her deposit too. Remember, it's her money... it's just a "deposit." Technically, many states can force a landlord to not only return the deposit, but the appropriate amount of interest as well. (It will be a very small amount, I'm sure. I wouldn't worry about this.)





An landlord can withhold a fair amount of the deposit for cleaning, to repair broken items, things like that. It sounds as if the judge will decide what is a fair amount. Her having pictures of the place after she left it, will help her. I don't know if the judge is going to want to look at a video. (Maybe.) So yes, definitely take the pictures to court.





How did she pay her landlord for this deposit? With a check? If so, can she prove it and can she prove how much she paid? Did the landlord give her a receipt? Have her bring all of these types of receipts too.





I can't believe she didn't sign any kind of a lease, though.
Reply:Have her check with the clerk or the judge's secretary regarding the admissability of the pictures and video. She should definitely bring them unless she is specifically told by the court or judge not to. I would have the pictures printed out and have 2 or 3 copies on disk (1 for landlord, 1 for court/judge). Same with the video.