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Re: suing

Posted by Ed Buchet on January 30, 1999 at 00:44:03:

In Reply to: Re: suing posted by richard on January 29, 1999 at 14:31:25:

: : I am suing my former landlord Kevin Gerard of Brooklyn for failing to return my $3600 security deposit. My wife and two kids moved out of the two family house which he also occupies in September of 98. We waited two months for him to tell us what part of the deposit he would return with no response from him. I proceeded to housing court. He was served and we will be in court on the 25th of March. last week he came by and asked if I wanted to settle out of court as it, "Would save all of us alot of time." He said he spent money on repairs. There was wear and tear but not I believe what he'll claim. I took a limited amount of pictures of the apartment as we left it. Has he given up his right to the monies by virtue of time at this point? I also considered ammending the suit to include harassment since there were several events both with myself and my children over the five years that I think warrant it. Is it possible to ammend the original suit?

: YES SETTLE....for the full $3600!!!!.........and repairs are HIS problem, he can deduct it off of his taxes.....

Thanks Richard I'll post the results and any knowledge gained from the experience. This has been one long drag. I certainly need the money but at this point I have to say for me its as much about knowing that someone has done us wrong and thinks he'll get away with it. As I mentioned in response to DK I'm still wondering wether he has legally defaulted by not responding sooner? Also I heard somewhere that it is triple the damages that the judge rewards if a tenant wins has anyone else heard this? These points would make great bargaining chips for the full $3600 if I meet with landlord prior to court and try to settle.

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