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blazezblaze

Junior Member
Im being sued by my landlord please help!!

I live in western New York state and I am being sued by my former landlord for $3000. She has also withheld my security deposit of $1400, making my total possible loss $4400. My fellow roomates and I moved out of the house January 31st 2005. In or around January 1st we let our landlord know that we would be moving out (we had a month to month lease). At that time we had requested she come and do a walk through with us to let us know of any and all damaged done to the house so that we could repair and regain our deposit. She agreed to this via voicemail (which I still have), however that was the last we heard of her. She wouldnt answer her phone or return our calls. Then just the other day, March 17th 2005 i was served with a court notice saying I am being sued for $3000 for damages done to the house. There are a few things i have come up with so far i dont know whether they will help me or not.. First off she requested we pay cash for everything. However we do not have any reciepts saying we paid her (eventhough we paid her the first day of every month without fail). Second the lease agreement that I signed said we paid a $1400 deposit upon moving in, however the copy she made for me says that we only paid $400, meaning it had been doctored or even re wriitten. Third it states right in the lease agreement that the security deposit will be returned with in a reasonable period not to exceed 30 days. And we havent heard one word from her from in or around the 1st of January until being served March 17th. Fourth she has still yet to present me with a list of damages done to the house. Keep in mind the house was build in the early 1900's. The first 2 floors were remodeled by her and her father which are both obviously amatures. And the house has been on the market for sale for almost 2 years. If anyone has any information that can help me please do so. Thank You.
 
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You have a problem

If you have not receipts or proof then it will be next to impossible for you to win. if it goes to court. courts tend to side with the LL's. Also in the future if a LL demands cash for everything do what I do tell them you will give them the cash when they cough up a receipt. I have even told past landlords I do not pay in cash it will be check/MO or nothing. no way in h.e.l.l. do I trust anyone with cash without a receipt and to me if a LL demands this then that is a redflag that something funny is going. Save voicemails anything that can show that you are telling the truth. Sounds like she is avoiding you. please keep us updated on this one please
 

blazezblaze

Junior Member
Still Looking

I pretty much figured I am screwed because I dont have any receipts for anything. This was the first house i rented and it seems like everyone knew, except for me, to get reciepts for everything but didnt tell me until i was out of the lease and served. Nice huh? I do have a couple people who will testify in my favor. One being a building contractor with 30years under his belt who was there when i moved in and out. The others being friends who were regurly over and knew the integrity of the house. One of my roomates just received word on a certified letter being at the post office, so hopefully that will be the list of repairs that they made that were so called my fault. I will keep you posted on that and I would like to thank you for any advice.
 
Witness's

Did the witnesse's see you give her any rent money? or can people testify to her character because chances are she has done this before to someone else. if you have a bookstore such as Borders etc in your area please get your self a landlord and tenant book for your state. They are under $20.00 and please educate yourself as there is allot of landlords out there who mess over people. please keep us updated please because this sounds like the Landlord is looking to get free money
 

ENASNI

Senior Member
Um

I think small claims courts trials are public record... see if you can look her up at the court house... sometimes they are on-line too.
 

blazezblaze

Junior Member
Witnesses

The only witnesses I have for the rent being paid every month and the security deposit are my 5 roommates. Every month everyone would pay me thier share and then I and one or 2 of the other roommates would drive to her house and pay her. What it looks like the LL is trying to do is have us pay for repairs to the house that here needed before we moved in. Like I said, the house wasnt in the best of shape before we moved in and I have a witness to testify to that. (a 30year building contractor). I guess at this point all i can hope for is that she cant keep her story straight and the judge will believe us as opposed to this slimy LL. Thanks Skeeterbug for your help and ill post as soon as i get any more info.
 

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