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How do i present this in court?

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firemanup

Member
What is the name of your state? Iowa

I need a little help in how to present our case.

We sued landlord for wrongfully withholding our deposit, and for never compnesating us for improvements we made to his property when he said he would compensate.

When I get into court I understand it is his responsibility to prove cause for with holding our deposit.

Do I just present evidence for the improvements saying I want compensation, and then tell the court I want my deposit back, or do I have to at that time try to prove why I should get it back?

I am the plaintiff, landlord is defendant.

I am planning of if i can sitting in on some small claims cases under this judge to get an idea on how he works.

Any advice would be appreciated, we go to court on the 19th of this month.

Jason
 


A

aahlee

Guest
What kind of improvements?

Usually if a tenant makes improvements the landlord gets to keep them, unless you had something in writing to prove the landlord authorized them.
 

firemanup

Member
Ok, the main thing is to get the deposit back as it was wrongfully withheld, unfortunately in this college town it seems to be the norm, fortunately thought the judges are aware of that.

For the improvements one, the most expensive he said he would compensate us for, as for the others, I'll make a note to advise the judge first thing i'd like to drop them and adjust the amount I'm asking for.

So basically I'm trying to get my deposit back, make my case for the improvement, and then stop and let him make his case for keeping the deposit?

Jason
 

FarmerJ

Senior Member
Jason do you have pics proving how clean and un damaged the unit was when you left it ? the improvements money you may well not get a dime of unless you can offer written proof of reimbursement agreement , and yes the LL should also have his /her proof as well . Jason many Judges dont tell you right away in the court room they sometimes make a decsion in there chamber and send result in mail .
 

firemanup

Member
Yeah farmer I do, you've read about my situation before, in another post just posting for more help now as the trial date has been set.

Moved out Oct 4, landlord inspected said all looked good, more thorough inspection by landlord alone on the Oct 5th, again all looks fine but touch up two windows.

3 wks later a letter stating the house was filthy and no return of deposit, talked to him, he dares us to sue, so I do.

Have video of the house from Oct 4th, immaculate, have him on audio tape admitting he ok'd the house twice.

He has now countersued for $4,000. Even though he sent us a letter as required by law as to why he's with-holding deposit, and it lists petty cleaning issues, and numerous lies that the video points out.

Anyway, I just don't know how much of my side on the deposit to present, as I'm very confident, knowing the landlord and his history that I know what he's going to do/say, when he does I have good evidence to prove he's lieing, in other words I want to let him hang himself and not show my hand until after he's talked.

I have 3 police officers for witnesses, although two will probably only be by notarized letters, and 3 firefighters in person.

Jason
 

abezon

Senior Member
First, go to the library & get a book or 2 on presenting your case in small claims court. I like Nolo Press books for clarity & practical detail. Then, visit the court & judge you'll be before & watch a few cases. See how much time the judge gives each side & what kinds of behavior tick off the judge.

In court, give the judge a road map, "Your honor, first I'm going to present my case for wrongful retention of the security deposit, then I'm going to present my case regarding the breach of contract when LL refused to remburse me for improvements he asked me to make."

Your stronger case is the wrongful withholding of the deposit, so lead with that. Present the lease & the law on deposits (actual copies of both with pertinant phrases highlighted), the initial condition of the unit, the 2 walk-throughs & the video/audio tape, and the 3 week letter & countersuit. The letter was insufficiently specific to satisfy IA Code 562A.12. Also, that LL sent it to your new address proves you gave him your new address. You should practice your presentation in front of friends to get used to the flow. Also, figure out if it works better to present the 3-week letter first & then point out every lie in it during the video presentation.

Then, after you've shown what a bald-faced liar LL is and prejudiced the judge against him, present your evidence of the improvement agreements. "Your honor, I'm now going to move on to the breach of contract issue." Any written evidence would be best to prove there was a contract -- receipts from Home Depot, letters you sent to LL explaining your repairs & asking if LL wanted you to deduct the total from your rent that month or would send you a check. (You then argue that LL's failure to deny the agreement at that time was an admission by silence, since LL would have written back a 'what have you been smoking?' letter if there was no agreement.) Where possible, point out that the improvements were not the sort of thing a college tenant would make on his own (too expensive, not portable), & where they can be seen in the video tape.

Next, call your witnesses. Try to present their testimony in an order that matches your case presentation. That will stimulate the judge's memory of your entire presentation. Have them practice their testimony & make note cards to keep them on track. Remember, they can testify ONLY to what they saw & heard and what LL said. They cannot testify to what you told them happened or what you said about something.

Stick to the facts directly relevant to your case. The judge will let you take more time as long as you're presenting facts that will help him/her decide the case. If you start talking about how nasty LL was to deal with the one time you were late with rent in January because your student loans were late, the judge will cut you off and your credibility will suffer.

Hopefully, by the time you say "That's all I have at this time, your honor. I ask the court to award me actual damages of $xxx for wrongful retention of my security deposit and to award the statutory maximum punitive damages of $200, and $xxx for the improvements LL agreed to pay for, plus costs," the judge will be so disgusted with LL s/he won't believe a word of LL's testimony.
 

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