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Consult an attorney skilled in state law
Posted by nwas (more from nwas) on Wed, 14 Sep 2011 16:00:36
In Reply to: Tenant rights (long), Bcharliek, Wed, 14 Sep 2011 09:00:07
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Anything here is speculation when it's via another state... and even within the same state your case is not straightforward.
A few notes: If she's renting "illegally", a simple letter from an attorney that makes it obvious she's going to be discussing this in open court might be enough to get your deposit back. Perhaps even a letter from her advising her that you are going to retain an attorney and take her to court would be enough - and save you any attorney's fees.
The tree falling on your car is completely separate, but I would discuss that with the attorney too. If the town advised her of the hazard (and you, and everyone else you listed) then there's a fair chance she's guilty of an elevated form of negligence. That's actionable.
The matter of the security deposit and "wear and tear" is possibly outlined in your lease. If it's not, there's likly well established state law on the matter.
You might consider small claims court. Between the $500 deductible and the $100 she owes you, you're definitely still eligable. Small claims will allow you to proceed and let the judge figure out the law. But, your case would be stronger with an attorney to stack your facts: See if you can find one who wil consult with you for no fee and discuss the odds of winning and getting her to pay all legal fees and amounts due.
posted by 71.174.89...
Posts in this Thread:
- Tenant rights (long), Bcharliek, Wed, 14 Sep 2011 09:00:07
- Re: Tenant rights (long), Erik919kt, Wed, 14 Sep 2011 19:50:39
- Tell her point blank, pay up or U call her insurance, Used to be Chaz, Wed, 14 Sep 2011 19:47:44
- you meant "kept all but $100", TML
, Wed, 14 Sep 2011 18:23:46 - $600..., SilerAeroGuy, Wed, 14 Sep 2011 17:19:25
- Consult an attorney skilled in state law, nwas, Wed, 14 Sep 2011 16:00:36 <-- Viewing This Message
- Re: Tenant rights (long), Justin VanAbrahams
, Wed, 14 Sep 2011 15:59:09 - I'm getting an image of Kathy Bates..., RobsSaab, Wed, 14 Sep 2011 13:33:52
- Re: Tenant rights (long), Derek in Durham, Wed, 14 Sep 2011 12:30:04
- Trees: "the town has complained,", Bill Homer
, Wed, 14 Sep 2011 11:36:02 - I have to ask..., Boston Baab, Wed, 14 Sep 2011 11:11:35
- Cash the check first!, Dale, Wed, 14 Sep 2011 10:58:49
- Re: Tenant rights (long), Bruce, Wed, 14 Sep 2011 10:50:50
- Re: Tenant rights (long), Tim, Wed, 14 Sep 2011 10:13:42
- Was this while you were a student??, MI-Roger
, Wed, 14 Sep 2011 09:51:15
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