If I take the money can I still sue?

I recently moved out of a rental house and had some trouble getting my deposit back. I looked up the laws in my area and they clearly state that landlords are required to return deposits (or what ever's left after they repair stuff you broke) in 14 business days. The next part of the law says if the landlord violates the 14 day time limit I can take them to court and collect the amount wrongfully withed plus twice that in damages.

After 3 months of being given the run around about my deposit I looked up those laws and threatened to sue if I didn't get my full deposit back. I told them if they wanted to withhold the money for anything I damaged it was ok but then I would sue them for whatever amount was left plus double since they violated the time limt.

The bottom line is after 3 months they finally sent me a check for $700 but my original deposit was $1500 I told them I would sue if they didn't give back the full deposit. I know I have a good case and even with the damage they had to repair the law is very clear that they owe triple the amount they withed because they broke the time limit. If I sue them I think I can get $2100. If I cash the check for $700 can I still sue them over this? Or do I cash the check and just sue for the difference?

 

Did this person send you a list of damaged items, if not yes you can sue! but even if you do win they still don't have to repay you!

 

Just the difference. You can't make money off of it unless you can prove that it cost you money by being delayed a deposit that you have very right to receive a full refund.

Now, if you take the $700 without anything that states that it is a partial refund, that may be considered that you have accepted the partial refund as payment in full, a common ploy used by landlords. If you are going to sue for the full amount, don't cash the first offer.

Now check the laws where you live, because no one can really answer that unless they live in the same state or county as you. Not exactly a question for an international forum.

 

yes but you can ask for personal damages plus the money that the landlord owes him.. i suggest not to cash in the check and just sue them. you could get more in damages. lol

plus if you really threaten them that you will sue, they could offer more money to you just to protect their reputation.

 

I would cash the check and move on with life.

If you really feel like you are owed the money and will prevail in court, then sue them in small claims court. Of course, they will probably counter claim that you owe them money and you could end up owing them.

 

You can sue for legal fees as well as whats owed. Without knowing your state I can not look at the law to give you good advice. I can only tell you what it is like in most states.

You would be able to sue for the amount owed. If the have not given you a statement of charges for any repairs they had to make, they must provide a total refund (I'm speaking from most state laws, not necessarily your state. Your mileage may very. Case law is also unknown for your state, as we do not know which one it is) If your law states if they break the 14 day limit, they are liable for triple the deposit amount, then you are owed that much. I'd advise printing out the law, and going to the landlord, have a sit down with him, and explain everything to him. Don't cash the check right now.

Tell the landlord that if he is not willing to provide you an invoice or some other proof that the money was used for damages (not necessarily literally used for it, but that someone came out and quoted him an estimate for any damages) than you will be taking him to court for how ever much he is legally obligated (if in fact it is triple the amount, than you will take him for triple the amount) as well as all legal and other fees (court costs, etc.).

If you only want the complete amount of the deposit, or that much minus damages, let him know that. Tell him you will only seek that triple amount if you have to go to court. Heck, draw up a contract or something that says something along the lines of you agree not to demand the rest if he pays you the full deposit back, and he agrees whatever he pays you is all that was owed to him. I'm sure you can think of something like that. Just make sure you cover all your bases.

Also, review your lease. What did the lease say? Did it say anything about the deposit and how it will be returned?

EDIT: It can be easily articulated that you value the time you have spent trying to collect this money, is at least double or triple the amount of the deposit. Especially if you have tried several things, including the sit down meeting with them. Don't just call, physically take it over there. (Gas to travel to the meeting can be considered damages as well) Before actually filing suite, consult an attorney that has a free consult.

 

Unless the particular statute or contract allow for recovery of legal fees they are usually not recoverable. He should look to his lease to see if legal fees are awarded to the prevailing party.

 

He can sue for them. Remember, in civil court the plaintiff rarely gets the full amount of damages sought. But, I agree with you, he needs to look at that lease very carefully. Browntown, in the State of Texas you can sue, and generally will be awarded, legal fees. GENERALLY, not 100% of the time. And I know of a few other states that are like that as well.

That being said, I still recommend the course I stated in my above post. Consult an attorney (on a free consult) and talk to the landlord face to face.