Small Claims Court against former landlord Advice

#1 May 5th, 2009, 07:09 PM

Tomorrow Mike and I will go to small claims court to try and get our security deposit back from the landlord {total scumbag} for our 1st apartment. If you remember, I was very ill from the mold and mildew in the bathroom in August.

My pulmonologist wrote him a letter asking him to release us from the lease because of my lung function decline and his obligation to keep a habitable apartment. We have printed cell phone records of calls made to him after we relieved the lsignature. These calls we made in August and September.

He came one day in September to "Fix it" {only because I contacted the health dept}, with no notice. He told us he was going to rip out the walls and the closet. He returned one time, began "working" and told us he had an emergency. He then told a building mate that he was headed to lunch. He never came back.

We gave him 30 days notice October 1st and moved out and into this apt. on November 1st. He told us when we moved out he would send the check.

Anyway, that's the story. I'm already very nervous about this. In situations like this, I usually stop talking for fear of saying something stupid or end up crying. Not very adult, but I always assume I am the one at fault.

Does anyone have any advice for things we should say, or not say, or how I can keep my composure and get our points across?? Thanks!

Oriyan · #2 May 5th, 2009, 07:48 PM

Always address the Judge as Your Honor, Sir or Mam. Just tell your story. My husband and I found an apartment to live in together and paid X deposit and moved in on X date, and around X date, i began having X problems. Around X date, I found mold.mildew.scum.bugs.whatever at X location (show pics if you have them.) My X doctor said this was a poor environment for me to live in due to my X issue, (show letter to judge) and we let the landlord know. On X date he did X or did not do X. On X date he did X. On X date we told him we were moving. We called etc (show records, highlight calls if you have not already). We are requesting our deposit back due to the uninhabitable environment which is a health issue. (explain you called the dept of health as well).

You did nothing wrong and everything right. This guy will owe you some money. IF he shows up. If he doesn't show up, judge hears your side of the story and you win!

#3 May 5th, 2009, 07:59 PM

Uhm yeah, ditto to Sam!

That looks perfect!

#4 May 5th, 2009, 08:08 PM

Thanks girls! Mike also has pictures of the moldy basement, the lack of gutters, and all sorts of other health code violations. As of THIS moment, he cannot find the letter from my Dr. We are due in court at 9:30. If we don't find them, I will call the Dr. at 9 and ask them to fax them to me, but I can't BELIEVE he lost these items!