Want this question answered?
Yes, the landlord is responsible. But keep in mind that this is not a landlord/tenant issue: it's a small claims issue. So this is heard in a small claims court inquired, not a landlord/tenant court.
If this helps any, a landlord is no different in terms of small claims or other civil court matter. If there are grounds to sue then you may do so. Check your state's Statute of Limitations laws to see how much time you have to sue a landlord or anyone else. Landlord and Tenant issues are only applicable to eviction proceedings, not small-claims court or other civil courts.
Depends on your state. Please contact your local small claims court for info on your state's small claims max.
In Pennsylvania, you can sue for up to $12,000 in small claims court. This limit covers most types of disputes between individuals, such as landlord-tenant issues, contract disputes, and property damage claims.
You would have to go to Small Claims Court and get a judgment against the tenant. Then you could garnish the security deposit from the current landlord. Talk with an attorney for details.
Usually to the county or municipal court. This is a small-claims case.
Yes. If a landlord later determines that you damaged his property he can take you to court. A landlord is not required to assess damages under the deposit if they would prefer to return your deposit and sue you for more. The deposit laws are generally intended to avoid lawsuits from every landlord at the end of every tenancy.
not much. it is more ethics. If he still refuses, go to small claims court.
A tenant would file a law suit to get damages, to get something they are due that the landlord won't give them. If the landlord is overcharging, then the tenant would simply not pay the over-charge and tell the landlord this in writing with an explanation. If the landlord tries to evict, the tenant has a chance to explain in court why the eviction is wrong. If the judge agrees, the eviction will be denied. If the judge agrees with the landlord, then they decided you were wrong to think you were being overcharged.
You can only sue in small claims court for damages. Landlord and tenant cases are only opened by landlords, not the tenant. If, under constructive eviction clause, you exercise your right to move out of that property and the landlord keeps your security deposit and any other payments you made before moving into the property - except for the first months rent unless that's when you're moving out, then you have the right to sue the landlord to reclaim that money.
At the very least, anyone suing a landlord should educate himself or herself about the forms and process, and asking a lawyer how to do that might be an efficient although expensive method. There are many books and online articles about small claims court. Most small claims courts do not allow any attorney to represent a client in court, but that doesn't mean you can't hire one to help you avoid court or to prepare for court.
In North Carolina, cases where the amount claimed is less than $5,000 and many landlord tenant disputes are heard in small claims court. Generally in North Carolina small claims court, there is no jury and no lawyers. For more information on small claims cases in North Carolina courts, see the related link.