I have a friend who has an issue with a landlord regarding improper deductions. The amount is $400.00. I have listened to her side and believe she has a strong case. However, the problem is that she was so busy with work, kids and getting settled after relocating from out of state that she waited nearly two years before addressing the situation with the landlord. The statute of limitations is 2 years; She is still within the legal statute of limitations to resolve this.
Assuming the deductions were improper, how bad is it going to affect her case that she waited almost the full two years before filing? If she says to the judge or commissioner, "I was overwhelmed from relocating to a new state, work, two children and now that we finally getting settled, I am finally able to tie up loose ends" which is the truth, of course she has to tell the truth. But how bad will her delaying to address this matter hurt her case, in your view?
Here is why I ask: The penalty for the landlord, if found in the wrong, is up to "2x the original security deposit PLUS the improper deductions." So damages, if found for the plaintiff, could end up being fairly substantial. Her case is pretty cut and dry but she will likely be questioned on her delay in resolving the matter.
Should she ask the judge or commissioner for the "maximum" penalty (security deposit x 2, plus the "improper deductions" and legal fees) against the landlord, even though she (plaintiff) waited so long (still within the statute of limitations however)? Or should she simply ask for the "improper deductions" reimbursement, court fees and ask the judge to for any penalty that the thinks is best suited for this case?
FYI: The jurisdiction of the case is local to where my friend lives. This happened in "transitional short term housing" during which time she tried to find permanent housing.
Jo: "Improper deductions" was the term she procured from the landlord/tenant book. If there were any damages that were not my friend's responsibility and the landlord deducted the amount anyway, it is called an "improper deduction". She sent the landlord a letter and she assumes the landlord is going to stand by the decision with the deductions, so now she is preparing for court.
@Jackie--the term is a "legal" term. Further, my friend had a "final inspection" done on her move-out and the landlord's agent marked everything CLEAN AND NO DAMAGES on the written form. The owner later came in, after the moveout, and decided she wanted to charge damages against my friend. This is in writing and my friend was given a copy of this document.
@Jackie: The landlord's agent is whom my friend dealt with during her tenure at the property. The agent is whom my friend made all payments and addressed correspondence to. The reason she is addressing the "owner" at this point, is per the law; that is whom she is supposed to address at this stage.
@Bug: My friend isn't broke. She figured as long as she was within the statute of limitations, she could file when it was best for her.
Update: My friend is going through with it and she has a great case. The statute of limitations exists for a reason so she feels totally comfortable. So wish her luck because she it totally in the right and my friend found out, after doing research that the landlord violated even more civil codes. Check back in a couple months to find out what happened.
I would say that the statute of limitations exists for a reason. As long as she hasn't exceeded it (which would mean she would have missed out) she should be fine. Ask for the maximum and let the judge determine what she is entitled to. That way, if he doesn't award the full amount, she still may get at least the original $400 and costs (hopefully).
I think that your friend is absolutely insane to consider suing for $400 almost 2 years later. I absolutely think that it would look bad on her that she waited this long to address this situation. She may very well be right, but she sure makes herself look suspect by waiting so long. If she moved out of state (I assume that she moved from the State that she had the problem with the landlord), then she would likely have to come back in order to go to court. This would cost money in time and travel expenses. For only $400, this is likely not worth it...she is not guaranteed to get the extra money. If this was such a big deal to her, then she really should have dealt with it 2 years ago.
Where is she getting the term "improper deductions"? I am a landlord and that term is not something I have seen in any lease. All leases will state that the landlord has the right to keep or withhold security deposits for damages. It is up to the tenants to read through their leases. As for a judge and/or small claims court, I don’t think they would even consider a small amount of $400.00. The legal fees alone would be greater than that.
UPDATE:
Who did the final inspection? Only the landlord can decide if the dwelling was up to par, unless they have a management company handling it. Then it should be stated in the lease. As long as she has a move out sheet signed by her and the landlord (or manager) then she can try to get her money.
"WWJJS" what would Judge Judy Say?
Your friend waited to long. It's next to impossible to get reimbursed court costs in small claims court. And the filing fees are at least a couple hundred. Tell your friend to let it go. How would she feel if someone tried to sue her 2 yrs later? The landlord probably won't even remember her.
Here is the end all be all, you appear to be in Florida and this is Florida tenant law. He had 30 days to send her a refund of the deposit or a part of it less his claims of damage. If he did not do this in 30 days he loses all rights of damages. The rub is she had fifteen days from that or 45 days from the termination of the lease to do something about it, not two years because the law only says it is to be settled in small claims not that it extends the statute of limitation. More over no where in the websites I looked at did it say anything about punitive damages. So unless you live in a different state your friend has no claim.
Ask for the full amount, explain her case to the judge, and see what happens. She may only get her deductions, but she may get more if she asks for it.
What in the hell was she doing for 2 years? Sounds like a bunch of excuses. We're all busy, but we force ourselves to make time for things we feel are important. I think if you're so worried about proving a point, the point is best proven when done in a timely manner. I would think that a judge would take your claim more seriously if it had been filed right after the problem happened & not 2 years leter.
To answer your question, I don't think anyone here is going to have the answer you are looking for, because we are not judges, and we are not the judge that your friend will end up getting.
I understand that we wants justice to be served, but to be honest, small claims court is not worth it for such a small amount of money, at least to me.
I think she waited too long...
2 years...really?
She was overwhelmed for 2 YEARS? Riiight. That's how I think a judge will look at it.
Listen. If something is REALLY important, you take care of it. She didn't. She needs to let it go. I don't think she has any right to go back and fight for this now. I have moved, had family stresses, a high risk pregnancy...if I felt like I was cheated out of money wrongly...I can tell you I would NOT have waited even 2 weeks. Your friend is absolutely ridiculous. If she was so dang worried about principle, she would have taught him a lesson ASAP.
Updated:
To answer your other question. NO, she should not ask for the "maximum penalty." She waited way too long. She should not get rewarded for waiting 2 entire YEARS. If it was so important to get the maximum, she would have already done this. One question: Does she really even care about the "principle" of it, or does she just want to cash in...because she realized she might get more, or she's broke?? I would assume a judge would think/ask that. Rightfully so.
I don't have any legal background whatsoever, but commonsense says (and that may be an oxymoron, since this is the law & commonsense may not apply), but the limitation is there for a reason, and if she is under that limitation, then she should investigate further. Whether the judge will ding her for being close to the limit is another story. And I think she should ask for the full amount that she can ask for.
It sounds like, though, like she should investigate the costs of filing before she does it--she might be doubly out if she pays for the filing and then the judge docks her for being close to the limit.
Also, she should know that just because she gets a judgment in her favor, that is one thing, and actually collecting the money can be harder than getting the judgment.
So, she will have to travel to another state to even do this, 2 years later? She will have to pay for time off, hotel... and won't be able to get any of that money back, since small claims maxes out at $500, I believe? Sounds way too stressful to deal with for $400.
