Nah, $500 bucks isn't worth it.. unless you're really strapped for cash... Which I don't think even still $500 bucks is worth taking a few days off for to get all the litigation under control.

If you really wanna embarrass him, call up Judge Judy and book a hearing She'll make him look REALLY stupid!

 

call him up to schedule a walkthrough to discuss. if he wont meet you, then file (let him know you'll file too, but dont tell him until its necessary).

if he meets you, and you cant agree, file. again, tell him.

i would fight it if its worth 300$. its principle, and small claims court is easy. even if you lose, at least you went down with a fight.

 

If you have a lawyer friend, have him/her write the landlord a letter on business letterhead detailing what you've discussed here and notify him that the matter will be brought to small claims court if your deposit is not returned ..... also, remind him that he asked you where to send the check in that letter since it will become evidence if you do go to court. If he doesn't send you the check, then you can decide to pursue it further or not.

 

It's a little ex post facto if the new tennant has already moved in and then he "noticed" it. How convenient. " Any landlord who fails to provide the departing tenant with a written list of damage and cleaning charges as required by 70-25-202 shall forfeit all rights to withhold any portion of the security deposit for the damages or cleaning charges." Get a copy of the receipts. Hopefully the guy tossed them. I don't know what the small claims court fee is in montana, but in california I believe it is 75.00, well at least a few years ago it was.

 

He didn't have the damages repaired he simply figured the cost of repair was greater than the deposit so he just kept the whole thing...

 

Did he fix the issues?
If not, his actions smack of theft.
Where I live, apartment f/l/s is around 4k, so I take it perhaps a little more seriously than if it were 500, but money is money. If you can spare the time, and are immune to aggravation, go to court.
If the court is 200 miles away (Montana-big sky, big fuel bill)
maybe not.

 

Wow. I know the last time my old man kept the deposit from a tenant he had all the receipts of work that was done, materials etc, pictures before and after, and even a letter from the people who steamed cleaned the carpets saying that they had an animal in the house (when they were not suppose to). The people even ran a day care at the house after they were not suppose to. Right there the case was pretty cut and dry. They threatened to go to small claims and never did. Sounds like this guys got nothing and his case is weak. Did the guy even steam clean the carpets or anything? Does he have any reason to even hold any money?

 

He didn't do any cleaning, I cleaned the carpets with a shampooer. He also didn't repair any of the "damage" except for the leaks.

Aside from a few nicks in the linoleum and apparnetly there is a stain somewhere, a couple of minor scratches on the fridge he's got nothing. Now that you mention it, because he failed to use ANY of the money on repairs and has no reciepts for anything regardless of how long it was from when we moved out he's got no proof of any damage and no repair bills to show the cost of repairs. Just his assumptions of how much it would be... I hate to do this because allthough he was gruff and not the best landord he is a pretty nice guy and was excited for my wife and I to be getting a house but $500 is a lot of money to me (Montana is notorious for low pay...). I've been to court enough that I don't like to do it but I'm starting to think that he left me no choice. Witholding some of it wouldn't have bothered me but to keep the full amount is retarded....

 

ATTACK!!!!!!

 

i doubt that will wash.

indiana small claims fee was 42 a few yrs back.