However even with that the security deposit is a convenient way for a landlord to recover amounts owed by a tenant after rental eviction. Before you go down this road be sure you have complete copies of all the pertinent records.
Remember filing a lawsuit against a tenant in small claims court is not free.
How to get money back from landlord. Your signature on the affidavit form must be notarized. If you need help with filling out these forms go to our page on court fee waivers. How can i get my money back after being cheated by a landlord.
You will need to. If despite all your efforts you have still not received any notification about your deposit from your landlord you may wish to consider taking further action to get the money back. That way you have a timeline for taking legal action.
Fill them out and return them to the clerk. Even though he moved out of state the judgment should still be collectible. This is very unlikely to happen however and you should have no problems collecting the money owed to you.
You ll need all the documentation relating to your tenancy and your deposit. Use the tenant s application for clues. 10 ways a landlord can get the money back from a runaway tenant 1.
These are the only two reasons landlords may use the security deposit. Basically if you have tried communication and it hasn t worked then the next step is to either hire a lawyer who will send him a letter. Sue your landlord in small claims court.
Do you have the application form that your tenant originally filled out. Give your landlord an outside date by which to return your money to you as well. You don t say how you were cheated and that makes a big difference.
Get these forms from any district court clerk or get them online see below. Often that scares people enough to get them to do what they need to do. Landlords who take security deposits for improper reasons can find that they are now liable to their tenants.
The only possible way that the tenant could get out of paying is if he can convince the court that the state where he used to live was not the proper jurisdiction. If the judge agrees that you don t have enough money you won t have to pay the fees. Second if there was any rent the tenant did not pay by the time her tenancy is over the landlord can apply the security deposit against that unpaid rent.