landlord small-claims-court lawyer litigation
How hard should one try to resolve dispute before hiring a lawyer to go to court?
<p>I had a really bad landlord. He owes me money for my damage deposit and prorated rent. The lease says he has 30 days to return it. After I moved out I reminded him of this fact. He replied (in a very lengthy and rambling email) that he latter noticed a stain on the carpet. He had already inspected with me and said everything looked good. He also said he will be charging me for using his furniture. This was never the agreement. This is not a complete list but IMHO nothing he said has merit and he seems to think he can arbitrarily come up with charges I never agreed to. </p>

<p>I feel that he has never acted in good faith and arguing would be a waste of time. Should I bother responding to his emails? Or should I wait the 30 days then hire a lawyer? </p>

<p>If you can persuade him to return the deposit, that is the best outcome: cheaper and quicker. The second cheapest alternative is filing a claim in small claims court (assuming your jurisdiction doesn't have a special landlord-tenant dispute adjudication board). This does not require a lawyer, it simply requires that you can say why you think you are entitled to have your deposit returned. He will, of course, say why he thinks he is entitled to keep the deposit. This is where it could be useful for you to actually know the landlord-tenant law of your jurisdiction.</p>

<p>For example, it is pretty much guaranteed that deduction for "furniture usage" which you didn't agree to is illegal. It is reasonably likely that a stain on the carpet could be deductible. You are probably entitled to a written statement of alleged damages, and you would need to dispute his claims (in writing, delivered by certified mail). In that dispute letter you should provide all of the evidence you have to support your claim (for example, photos). If it all comes down the carpet stain (total replacement because of a dirty spot), the court is not likely to accept his deduction. On the other hand, if this was a new carpet and you spilled a gallon of black ink on it, you will probably have to pay. </p>

<blockquote>
  <p>Should I bother responding to his emails? Or should I wait the 30 days then hire a lawyer?</p>
</blockquote>

<p>Depending on your jurisdiction, it might have been a tactical mistake to prematurely remind the landlord to refund your deposit.</p>

<p>For instance, in Michigan, <a href="http://www.legislature.mi.gov/(S(523qixarsqmvtrobds2rgyhk))/mileg.aspx?page=getobject&amp;objectname=mcl-554-609" rel="nofollow noreferrer">MCL 554.609</a> gives the landlord a deadline of 30 days to send the former tenant an itemized list of damages. Your reminder prompted him to bring up (whether falsely or not) the alleged damages, whence now you will have to dispute (1) that the substance or details in his email fall short of "itemized list of damages", and/or (2) the veracity of alleged damages. It is noteworthy that a landlord is allowed to amend his "list" within that 30-day period, whence his prior assertion that everything looked good is not decisive.</p>

<p>Replying to his emails <em>might</em> help you if this way you prompt him to contradict himself or to further evidence his lack of good faith. More important, henceforth any communication should be only <em>in writing</em>, lest he indulge in defamation once he realizes his position is devoid of merit. Keep in mind that your evidence might end up being read by a judge.</p>

<p>In Michigan and surely in other jurisdictions, parties are not allowed to be represented by lawyers in Small Claims court. This is a good opportunity for you to get some (minor) exposure to litigation so you don't get easily intimidated in the event of unrelated judicial proceedings in the future.</p>
