I rented an apartment from 6/2007 to 6/2008. The landlord issued me a lease agreement for the 1 year term. The lease has my name, and the landlord’s name printed and signed on the lease.
Upon moving out the apartment at the end of 5/2008; I cleaned the apartment thorougly, had the carpets professionally cleaned, took pictures of the apartment to prove the good condition I left the apartment, sent the landlord via certified mail the keys to the apartment and a copy of the receipt of the professional carpet cleaning of the apartment.
The security deposit of $500.00 I gave to the landlord to commence the lease in 6/2007 was never returned, and nor the itemized list of deductions from the security deposit. I attempted to contact the landlord via telephone, and certified mail. The landlord never contacted me back, and evaded my attempts to contact her about my unreturned security deposit. Keep in mind the landlord is a practicing Real Estate Attorney, and owns several properties in the area.
On 10/3/2008 I filed a complaint/suit for damages of my unreturned security deposit with the local Justice of Peace/Magistrate. I was granted a hearing about the matter on 10/24/2008. I attened the hearing, and the landlord/attorney/defendant did not show up at the hearing. The Magisterial Judge did not even give me a chance to say a word, and stated the scheduled hearing he gave about the matter was issued in error. The Magisterial Judge issued me an extension of hearing for 12/15/2008. It was quite strange because pursuant to procedure if the defendant does not show up at the scheduled hearing, the plaintiff wins by default.
I attended the next hearing on 12/15/2008, and this time the landlord/attorney/defendant did show up for the hearing. During the hearing the Magisterial Judge did not give me a chance to speak. The defendant argued that I was suing the wrong person, how this was a waste of her time and a major loss to the billable hours of her law practice, and that she wanted to file a cross-claim against me for legal malpractice for suing the wrong person. The Magisterial Judge ordered me to rescind my suit against the defendant or I will be charged with contempt of the court. At the end of hearing the Magisterial Judge stated that I need to work this matter out between the defendant and I, and keep this matter out of his court.
I researched the matter, and what the Magisterial Judge stated, and discovered that it has no real legal relevancy. Obviously the Magistrate is acting in the defendant’s favor, and attempting to thrawt my attempts to collect this unreturned security deposit. However, the Magistrate did not dismiss my case, and scheduled another extension of the hearing for 1/20/2008.
What should I do to correct this matter? Should just drop the suit, and learn a lesson? I left the apartment in good condition, and have pictures to prove it. Is $500.00 really worth fighting over if an attorney, and Magistrate going to go crooked against me? I could file a complaint for the Judiciary Conduct Board, and the Bar Association, but is that really going to do any justice? I’m afraid if I file a complaint suit with a a different Magistrate the same thing will happen.
Pursuant to the county property appraisal record, and the lease the Real Estate Attorney/Landlord/Defendant is the property owner of the property, and the individual landlord of the lease. There is no property managment company explained anywhere in the lease.
Justin_the_Genius said:
Apr 08, 09 at 3:38 pmI would go to the local bar assocaition. they have allsot more power to dicipline an attorney then you might think.
You also want to makesure that you are suing the correct person. Look up the owner of the property on the local or state proerty records. The land lord may jsut work for the proerty owner and might not have an inter.
Dont let the judge bully you. of course be respectful to him/her, but judges are lazy and hate dealing with small cases like this. Clearly if your case had no merit, the judgre woulf have dismissed it, but if you have a valid leagl claim that you should persue it.
call the local lawschool and see if they have a free clinc of some sort (many do). They will ofthen give you free advice and mabey even take on your case, but at the least they can expalin to you your rights under contract law. Good Luck!
paul said:
Apr 08, 09 at 4:48 pmI can not speak to the law just the justice. The magistrate and the lawyer are both lawyers and belong to a select group of people that believe they are smarter than us and can tell us what is right and wrong. You will likely be unsuccessful unless you also have a lawyer on your side. But since you will end up paying more than the suit is worth you will not win. Plus they have also threatened you with a counter suit and court cost. So the end result is you will lose even more money. I would park my car in front of the apartments or the home of the landlord with a sign in the window criticizing the landlord. You must be careful not to say anything that she can sue you over but hopefully freedom of Speech still exists.