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Posted by me on January 03, 2002 at 13:49:49:

In Reply to: Small Claims Court posted by Jake on January 03, 2002 at 10:30:52:

Do you have any witnesses--people who can attest that you didn't cause the damage claimed by the landlord? That would help.
Otherwise it is a he-said, she-said kind of situation. Just be factual and unemotional and don't "play lawyer."
I think he would be on weak grounds for a countersuit. After all, he would have deducted if there were real damages.

: Considering taking my LL to Small Claims Court based on deductions made to sec deposit.

: The basic question is, I expect that once we get to court, it will be his word against mine- I know that I have no hard evidence (photos-not that I would have known what pictures to take) and I expect that he wont either (I think he is lazy and disorganized-not that it matters- hes lying anyway).

: The LL did send me a letter itemizing deductions from dep. I sent one back, disagreeing with all of the deductions-again, a paper trail, but no evidence.

: I do think that I could make a persuasive argument in court, but thats not evidence. Any suggestions/ideas? How do these things usually get resolved?

: Also, LL is threatening to countersue for other damages (imagined) which he says he waived initially. However, I have the initial deduction letter from him which appear to me to limit his ability to reopen that can of worms. Again, any ideas?

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Comments:
: Do you have any witnesses--people who can attest that you didn't cause the damage claimed by the landlord? That would help.
: Otherwise it is a he-said, she-said kind of situation. Just be factual and unemotional and don't "play lawyer." 
: I think he would be on weak grounds for a countersuit. After all, he would have deducted if there were real damages.

: : Considering taking my LL to Small Claims Court based on deductions made to sec deposit.  

: : The basic question is, I expect that once we get to court, it will be his word against mine- I know that I have no hard evidence (photos-not that I would have known what pictures to take) and I expect that he wont either (I think he is lazy and disorganized-not that it matters- hes lying anyway).

: : The LL did send me a letter itemizing deductions from dep.  I sent one back, disagreeing with all of the deductions-again, a paper trail, but no evidence.

: : I do think that I could make a persuasive argument in court, but thats not evidence. Any suggestions/ideas?  How do these things usually get resolved?

: : Also, LL is threatening to countersue for other damages (imagined) which he says he waived initially.  However, I have the initial deduction letter from him which appear to me to limit his ability to reopen that can of worms.  Again, any ideas?


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