susan368 Posted September 6, 2007 Report Share Posted September 6, 2007 I have to sue my former landlord for $700.00. I have written him 2 letters requesting the money and have gotten no answer. The money is for a cash payment I made to hold the apartment and this payment was supposed to be deducted from my first month rent but I paid the full amount rent. I guess it's my fault but the landlord should have told me that I was paying to much. I do have a receipt for the cash payment. I am thinking of suing him but I am worried that he will give me a bad reference. What should I do? Should I sue? Link to comment Share on other sites More sharing options...
m44xie Posted September 6, 2007 Report Share Posted September 6, 2007 Um... this doesn't really have anything to do with credit repair.... But I personally wouldn't sue for A) $700 or if I might need a reference from the guy I was suing. Link to comment Share on other sites More sharing options...
truckensafely Posted September 6, 2007 Report Share Posted September 6, 2007 Um... this doesn't really have anything to do with credit repair.... But I personally wouldn't sue for A) $700 or if I might need a reference from the guy I was suing.Why not sue for the money??? He has reciepts!!! Plus, His refs is based on paying on time & not suing for the money. Link to comment Share on other sites More sharing options...
CleverCynic Posted September 6, 2007 Report Share Posted September 6, 2007 If you haven't moved out, then don't pay the last month when you do. He can't evict you in 30 days, then he'll have to initiate suing in which case you have your receipts and it should be a wash. If you give him a head's up now though, he may charge it all in security overages and nitpick and highball any damage too. It's messy. Either way, if he doesn't agree with you no matter what you do he may give a bad reference. Link to comment Share on other sites More sharing options...
m44xie Posted September 6, 2007 Report Share Posted September 6, 2007 Why not sue for the money??? He has reciepts!!! Plus, His refs is based on paying on time & not suing for the money.Sure, in theory. But if you had a tenant sue you, would you honestly still give them a good reference, just cause they'd paid on time otherwise? "I can highly recommend Joe. He always paid his rent on time, and was the ideal tenant... except for the lawsuit of course." Link to comment Share on other sites More sharing options...
samuelson2005 Posted September 6, 2007 Report Share Posted September 6, 2007 All of that should've been settled when you moved out. Didn't you do a walkout? The landlord should have copies of your account. Go to him personally since the letters aren't working. If you didn't know you were paying too much then how did you find out he owes you $700. You have some info missing in your original post. Link to comment Share on other sites More sharing options...
divemedic Posted September 6, 2007 Report Share Posted September 6, 2007 read my landlord thread. I sued a LL and the LL's CA. I got a hefty sum in the settlement. If that person EVER gives me a bad reference, I will sue his a$$ for slander. I told them that I may even have a private detective call them occasionally posing as someone trying to get a reference. Link to comment Share on other sites More sharing options...
Methuss Posted September 6, 2007 Report Share Posted September 6, 2007 Since it is not clear if you still reside in the apartment or not, I will assume you are still there.I would treat the payment as "paid ahead" as suggested above and deduct it from the last month's rent when you choose to leave. Sinc eyou have to notify the landlord generally 30 days beforehand that you do not intend to renew your lease that is the opportunity to deal with it. Just include your final rent check with your intent to vacate letter and deduct the $700 from your final month's rent. Include a copy of the cash receipt and an explination that you are deducting the amount for the overpayment made when you secured the apartment.If you have a security deposit, that is handled separately. Security deposits are supposed to only be used to compensate for damages. Make sure you take pictures when you move out so the landlord cannot deduct for things that are not damaged.Send your move out letters and security deposit demands by both certified mail and regular mail with "certificate of mailing" (form 3817) so the landlord can't claim you didn't send it. You send two copies just in case the landlord refuses to sign for or pick up the certified mail. Link to comment Share on other sites More sharing options...
susan368 Posted September 6, 2007 Author Report Share Posted September 6, 2007 I already moved out of the apartment. I found out he owes me the money when I went through my files again after I moved out. I paid $700.00 in cash to hold the apartment in which event the holding deposit will be applied to the first month’s rent but by mistake I paid the full amount of my rent. I forgot to deduct the $700.00. The Manager should have informed me of the overpayment. Divemedic, could you please direct me to the thread where you sued your LL? Thank you so much. Link to comment Share on other sites More sharing options...
torikid Posted September 6, 2007 Report Share Posted September 6, 2007 Also, if you do get a bad reference, you will have a lawsuit to explain to the new place why. Then you have the defamation issue as Divemedic stated. I would certainly tell any new landlord what happened before they bother calling. That way you have a better chance of not getting denied. Turn that lawsuit in when you turn in your pay stubs. Link to comment Share on other sites More sharing options...
Methuss Posted September 6, 2007 Report Share Posted September 6, 2007 Send one final demand letter for a refund of the $700 "holding deposit" which was never returned to you. Attach a copy of a filled out, ready to file, small claims complaint and specify in the letter that he has 30 days to return the funds or he will be sued for recovery of the funds. State in the letter that this is his final opportunity to clear his debt to you wihtout legal action and that if it goes to court he will additionally be responsible for filing costs, lawyer fees, and any other associated costs of the action.Send two copies. One by certified mail and one with certificate of mailing. Wait out the 30 days. and if you don't have a refund by day 31, file the lawsuit.If you get a bad reference later, you can sue him again for defamation and ask for sanctions. Link to comment Share on other sites More sharing options...
divemedic Posted September 6, 2007 Report Share Posted September 6, 2007 The problemInitial LawsuitLawsuit continues Link to comment Share on other sites More sharing options...
redbank Posted September 7, 2007 Report Share Posted September 7, 2007 fyi, last link for lawsuit continues doesn't work Link to comment Share on other sites More sharing options...
divemedic Posted September 7, 2007 Report Share Posted September 7, 2007 fixed it Link to comment Share on other sites More sharing options...
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