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Realtor stole security deposit- took her to small claims and won!  

 

DonExodus
(@DonExodus)
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Joined: 9 years ago
Posts: 301
June 2, 2015 10:09 pm  

It was my first court case. I rented a condo in Mahogany Run last year. The lease said the unit had to be returned in "broom clean" condition- anticipating problems I hired a professional cleaner and took lots of pics.

Come move out time, she says the place is trashed, in "appalling" condition, and is keeping $400 for cleaning fees. Told me I would have to take her to court to get it back.

So I did, and won! Despite what I've read about the process, it was surprisingly easy as I had photos and it was pretty clear she does not reside on the same planet.

I've seen lots of posts about landlords/realtors stealing security deposits without resolution. I wanted to share mine and encourage anyone else in a similar situation to do the same!

Also somewhat curious- has anyone else had this done to them by a realtor working primarily out of Mahogany Run?


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Spartygrad95
(@Spartygrad95)
Trusted Member
Joined: 6 years ago
Posts: 1885
June 2, 2015 10:18 pm  

It was my first court case. I rented a condo in Mahogany Run last year. The lease said the unit had to be returned in "broom clean" condition- anticipating problems I hired a professional cleaner and took lots of pics.

Come move out time, she says the place is trashed, in "appalling" condition, and is keeping $400 for cleaning fees. Told me I would have to take her to court to get it back.

So I did, and won! Despite what I've read about the process, it was surprisingly easy as I had photos and it was pretty clear she does not reside on the same planet.

I've seen lots of posts about landlords/realtors stealing security deposits without resolution. I wanted to share mine and encourage anyone else in a similar situation to do the same!

Also somewhat curious- has anyone else had this done to them by a realtor working primarily out of Mahogany Run?

(tu)


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Alana33
(@Alana33)
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June 2, 2015 10:56 pm  

Taking before and after pics and keeping good records and receipts is always a wise idea when renting.

I've been on the other side of the fence as a landlord and had tenants leave my rental in a disgusting manner which entailed a lot of cleaning, repairs and painting and expected the entire deposit back.
Wasn't going to happen so we went to small claims court. I won.
I also have a very good lease doc.

Good for you in leaving the rental in good and clean condition and winning your case. I can't say I know any realtors that steal deposits nor have I heard of such a thing until your post. Well, except for Rosemary Sauter, unfortunately but that's a whole other kettle of fish!


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SausageInTheCan
(@SausageInTheCan)
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Joined: 7 years ago
Posts: 396
June 3, 2015 12:25 pm  

For some strange reason landlords everywhere think they have absolute power. Maybe it's because they sound like some sort of deity. Anyway, back in the states I returned my apartment in better condition than when I moved in. The "landlord" called me 35 days later and said he was not returning my deposit because I drilled a hole in his wood floor for the cable t.v. I took him to court and because he didn't notify me in writing within the required time he had to pay me double damages. $1800.00 plus interest. Laws are different from state to state but I wonder if they have double damage laws here as well.
So because he decided he was going to be a jackass it cost him and extra $900.00 and change.
I'm just wondering though how is the realtor involved? Isn't it the landlord that holds the deposit?


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speee1dy
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June 3, 2015 6:33 pm  

glad you won.


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OldTart
(@the-oldtart)
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Posts: 6523
June 3, 2015 6:52 pm  

I'm just wondering though how is the realtor involved? Isn't it the landlord that holds the deposit?

If you have the misfortune to be forced into filing a suit against your landlord and the landlord is represented by a realtor/property management company then your best interests are served by naming them both in your lawsuit since the realtor/PMC is the landlord's agent.

I don't believe there is any double/tripe damages on the books here but of course you can sue for any additional compensation which a judge may award if it's determined that the defendant willfully and deliberately acted in bad faith.


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SausageInTheCan
(@SausageInTheCan)
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Joined: 7 years ago
Posts: 396
June 5, 2015 1:24 pm  

The kicker is that a previous tenant did the tv installation and the landlord knew it all along. He tried telling the judge that I did it even though cable had been the only source of tv for decades prior to me living there. The judge didn't go for it and I suspect he awarded the double damages because the landlord tried to pull a fast one.
I would still try for double in the VI. If it is the law here they probably will not tell you unless you ask.


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