Furious. Landlord loses!

This is going to be a really long post.

Years ago when I stopped speaking to my in laws, I was pretty upset about how things happened. It ate at me about 3-5 times a week. Then 1-2 times a week and so on until it really only got me all riled up when I talked about it.

Now, I rarely think about my in laws and when things come up with them I can barely even get my heart rate to rise. And there is definitely no smoke pouring out of my ears anymore. How did that happen?

Well time, of course, is one thing. It heals. But also I told close friends the whole long drawn out and involved story and that also helped. But finally, what finally did it, was throwing it all up in writing on a password protected Vox site. I gave just a few people I knew the password and let them read the whole thing.

The whole thing was a little wrapped up in the story about my father, so I'm sure that was all a little healing too.

I wrote it all down and left it up there for a few months and then one day someone asked to read it all and I suddenly realized it was a story I didn't want to tell anymore. I didn't need anyone else to hear it. I'd put it out there and now I was done with it. It wasn't going to help to know anymore eyeballs looked at it and knew what had happened. So I pulled the whole thing down and I was finally over it.

I'm hoping the same thing happens with the Ex-Landlord when I'm done with this post and we've gone through the two-plus month process of collecting our money from him. Although I think the final step will be publishing the judgement (a public record) so anyone else dealing with this person will know.

I've been so incredulous over the condescending, arrogant and bullying way this man behaves, I've never known someone to be so awful. So reliably awful. As I went through and pulled out emails to print in preparation for our day in court, I was amazed.

I've mentioned most of those emails here.
The one where he told us to shovel snow from the house to keep the basement from flooding and ice dams from forming on the roof (COMMON SENSE FOLKS!).
The one where he told us to remove our Obama sign from our yard.
The one where accused us of breaking his microwave oven ON PURPOSE
The one where he blamed us for the sewage back up in the basement because we....he never said how we did it...I assume he thought we shit too much.
The one about the tile in the bathroom falling off the walls because it got wet (but ignoring the fact that he put up tile using adhesive, not tile mastic).

Logan met with a lawyer a few times to get ready for the case figuring out the best way to handle thing and he came up with a large binder full of emails, notes, and pictures. And on Wednesday night he said, "I'm really serious, I don't think you should come to the courthouse with me. I don't think you'll be able to control yourself."

I said, "But what if I promise not to say anything?"

He said, "You'll still sigh loudly and incredulously at everything he says."

I said, "I'll wear a ball gag and a leash!"

He said, "That won't stop your eye rolling."

And I had just about enough anxiety about even seeing the Ex Landlord (how I want to use his full name) that I finally said, "Fine, I won't go." Instead I went on a Tastefull Tour with my friends to Eastern Market and other Detroit establishments. Supino can really take your mind off your douchbag* ex landlord.

*Only my opinion! Not slander or libel or whatever everyone is freaking out about on Twitter!

I left Logan to go in and present our case and bite his tongue off at the arrogant assholery of our Ex Landlord.

And

He didn't even show up.

He's kept this going for five months and he didn't even show up to try and defend his theft of our money? (Law Note: Your security deposit is yours until your landlord lays claim to it. If you disagree with his claim then he has to defend his claim to your money. Our landlord did neither, which meant he should have been liable for double the security deposit. Apparently the judge in our case doesn't do this unless this is a chronic issue with a landlord.)

We spent hours of time preparing to go in front of a judge and explain how wrong the landlord was to claim we were responsible for $2500 worth of damage to his home. We also wanted a clarification of what we understood to be state law that a landlord MUST send you an itemized list and if he didn't he forfeited our money. (Legal Note: Michigan State Law: 554.609)

And now, we did it all for nothing since when you don't show up for your court date, you automatically lose the case.

So ....we won! We won our money back from the landlord! It was ours all along. The amusing thing to me is that he had a valid claim to a damaged cabinet door in the bathroom (GARY), that we were willing to pay $100 for and he also could have withheld around $300 for a water bill I assumed he'd take out of our security deposit, but didn't mention it in his contractor's estimate or in any communication within 30 days of our move so he forfeits any claim. In that way I suppose we saved ourselves $400 by going through all this.

So now we wait 21 days to see if he sends us a check, he won't. Then we do something else and something else and it takes about three weeks and they get the money from him by going into his bank account or seizing and selling things until he pays us. A sherrif or Barack Obama does this or something.

What I don't understand and what's really frustrating from the perspective of a tenant, is how he's getting away with this obvious fraud without paying any kind of penalty for his horrendous behavior.

What possible incentive does any landlord have for the honest evaluation of damages and return of a security deposit if he faces absolutely no consequences for his illegal and unethical practices?

Okay now here's the part where I tell the whole story from beginning to end so when some poor sap like me is googling "Landlord Is Ripping Me Off" or "Landlord Won't Return Security Deposit" Or "Why do Michigan laws not protect tenants?" Or "My landlord is an incredible douchebag* how do I prove that in court?"

*just my opinion!

It's going to be boring and factual but I want to write it all out because we spent all this time on it and I'm hoping it makes me feel better.

Back in the summer of 2008 our landlord began to seriously pressure us to make an offer on his house. He knew we loved the house and the neighborhood and started to come to the house to ask us about making an offer. He even showed up on July 4th and spent 20-30 minutes explaining to me how badly he didn't want to own this house anymore.

I told him we had concerns about the water in the basement and also his price seemed a little out of line with area comps so we weren't sure. Also, we liked the idea of leaving our options open to move out of the area if we were given the opportunity with a job. He left and suggested we just "make him an offer".

And so we did. We threw a number out that was reasonably within area comparables (keeping in mind that the market was bottoming out fast) and also the fact that the basement would require an $8000-$10000 waterproofing job and also that we weren't totally sold on buying a house at this time anyway.

He didn't like our number and when asked for a counter-offer, he wouldn't provide one. A month went by and we asked about leasing the home again. We asked if he would be willing, since his lease price was out of context with other area rentals, to drop our rent by just $100. He refused to drop the price. We didn't want to move, so we decided to go forward anyway.

Another month went by without a lease agreement so we asked about that and brought up the flooding in the basement. The landlord told us he didn't know when he would get a new lease agreement to us but he wasn't sure we should stay on in light of our problems with the home. He thought we should move.

This was September and we started looking around for a new place to rent, hoping against hope that something would open up in a two block radius of our neighborhood, because we loved the neighbors so much.

In December we found a place not in the area but at a much more affordable price and with our landlord becoming increasingly hostile we decided it was time to move. We let him know of our plan 30 days before we planned to leave by phone and also letter. We also informed him we would be keeping our last month's rent and he should use the security deposit to cover that cost.

Within three days our landlord had hired a lawyer. I wanted to go to court to speak to a judge and tell him that we had strong suspicions that our landlord would not return our security deposit and may not even have the money in a state law mandated savings account. Of course there was no way to prove this suspicion other than the very combative and condescending emails he'd been sending us over the last 4 months.

Also in a note from our Ex Landlord's lawyer, he reminded us, "Certainly, if you feel your security deposit is improperly withheld you have clear, simple legal remedies."

Ha ha ha ha ha ha ha

Five months later, this just doesn't seem that simple.

Looking back I would have rather faced eviction and a rushed move than have this to deal with.

Instead we paid the last month rent, plus $50 because by that point it was late.

This is even starting to bore me. We left the house in pristine condition aside from a scratched cabinet door in the bathroom and I documented how I left the house, knowing what to expect from our landlord.

From here I will just share what Logan was prepared to tell the court because it's a lot more succinct and non emotional than the things I wanted to say and I don't really want to face a slander lawsuit.

At the time we moved in to the home we didn't get an inventory checklist.

At the time we took possession the property was missing some essential things like light fixtures, window treatments, toilet paper roll holders, towel bars, bathroom mirrors, which we installed ourselves. [Note: And later, when we had to remove these things, our landlord tried to charge us to "repaint" because there was WHITE spackle on WHITE walls.]

We took very good care of the property; hired bi-weekly housekeepers, cleaned gutters, powerwashed the drive and patio pavers, removed weeds from all concrete and sidewalks, edged the lawn, removed low branches from an over grown pine tree to try and reduce the rodent problem surrounding his house.

During our tenancy, the basement flooded frequently (and was never repaired by the landlord), and loose bathroom tiles came off the wall.

At the time of move we offered to leave all improvements at cost -- an offer we never received a reply to. We also, knowing that [Landlord] liked the paint colors [Note: had an email expressing this], offered to re-paint. We received no response to that offer either.

When we received no response to our move-out emails from [Landlord], we removed all improvements we'd made to the house and filled all holes left from those improvements. We repainted all areas we had painted and thoroughly cleaned the house, leaving it in excellent condition. The only damage we left was a scratched cabinet door in one of the bathrooms, which we'd be happy to pay for if we had an itemized cost from [Landlord] rather than the non-itemized work estimate we received from his property supervisor.

The house was left in better condition than when we found it.

A month after we moved out, we received a two page "estimate" from our landlord's contractor for non descript work as a claim for damages. At no time have we received an itemized list of damage as required by state law in order to retain our security deposit.

We do acknowledge the claim on the estimate that a cabinet door in the bathroom was scratched which we should pay to repair, however, we have not received a price for that item and can not imagine it would cost more than $100 to repair.

The estimate for painting and cleaning is entirely inconsistent with the pictures we took of the house showing it's condition at the time we moved out.

Upon receipt of the estimate, we sent a certified letter to [Landlord] requesting an itemized list of damages with corresponding repair costs, he did not provide this or our security deposit and so we filed our case in small claims court.

Had [Landlord] provided an inventory checklist at the time we moved out we could have had an informed and reasoned debate as to the accuracy of the list. His delay has deprived all of us of that opportunity.

Sigh. But none of that mattered because he never showed up.

And it doesn't matter that he tried to commit fraud.
And it doesn't matter that he's had control of our money for 5+ months based on lies.
It doesn't matter that he didn't follow the law.
He faces no consequences for these actions.
He could have had $400 if he was honest, but instead he ends up out $75 for our court filing fee. I suppose that will "teach him a lesson". Only not really at all.
On the other hand he dropped his asking price to a number within bargaining distance of our original offer after we moved out.
Also, remember how we asked for rent at $100 less a month? He rented the house to another family for $300 less than what we were paying.
So he's paying in that way too I suppose.

When we do collect the money, I will publish the public record of the case because that's just how I am. Furious.

Comments

[jc]

its possible you used his name in this post. considering you took the time to take it out in other places, i thought you might want to know its still in there...

[andrea]

I know how maddening it is. We were on the landlord side of an awful situation - tenants let a friend move in without our knowledge, and then when they moved out, she stayed. Smoked in the house (cigs and weed), let her dog poop/pee all over the carpet, vomited on the carpet and let it dry ... the whole thing. We settled with her to get her out of there faster but took her to court for the damages and it cost us thousands in lawyer fees (on top of cleaning & repairs and lost rent) *and* we had to defend ourselves against her groundless countersuit. She never showed. We won by default but now have very little chance of recovering any lost money and she doesn't even have an eviction on her record.

The entire landlord/tenant law is soooo vague and it takes months for anything to be done. And it is absolutely frustrating that the party in the wrong has no consequences. I feel your pain!

[greta]

i think you may have left a name in the 6th paragraph of logan's notes...

hopefully this was cathartic for you! i can tell you that having read bits and pieces, it was nice to finally hear the whole story. it makes me very grateful that i've never had to deal with this situation!

[Raina]

I would be furious too! What a [expletive-deleted]! We have a 'rental bond board' here in Australia which holds the security deposit and only gives it to them if they comply with some guidelines. So it's a little safer than them just having to keep it in a savings account.

Btw you left the name in a couple of places ... and as a 'Wheel of Time' reader I had a giggle that his surname happens to be the same as one of the "Forsaken" (the bad guys) in it. Coincidence? I think not!

[Lori]

In the "received no response" section of Logan's report, it has his name, might want to remove.

Glad you nailed him, sounds like he was a douchbag * just my opinion too*

[MelissaS]

Oops! I'm stupid.

Thanks for the heads up guys.

[The Mother Tongue]

I don't know the laws in your state, but can't you sue him for attempted fraud in civil court? And maybe for all the time, hassle and expense you all had to go through because of him. What a tool.

[TeriLynn]

Ugh. This just got my bile risen again at the myriad landlords I've had too. I've never once, in 5 homes, ever gotten my security deposit back. They've never been as much as yours so I've never gone to court, but GOD it makes me so angry to think about it!

Now I'm going to go Google-Stalk that last guy. Jerk.

[LeslieH]

Seriously, I don't know which one of you is more obsessive. I know I wouldn't mess with you! Sorry you have to go through all this BS, but at some point you are hurting yourself more than him. Let it go for your own sanity.

[Leslie, don't steal $2000 from me and you won't have any problems. If you do? All bets are off. ~m]

[Jen]

Is it wrong that I'm thinking of ways to screw with this guy? Like have a series of people make offers that he accepts, only back out at the last minute? Or even just scheduling showing after showing to think he's going to finally unload this property, only to have people refuse to buy it because there looks like something funky with the tile, or that there's evidence of water in the basement? I know that would just inconvenience his tenants, but I'm vindictive like that.

[CinAA]

Are you on drugs? We are talking thousands of dollars here. In Michigan, where we are all poor as dirt farmers.

[CinAA]

(Sorry, that was to Leslie H. I'm just indignant, because I've heard tons of these stories in Ann Arbor, but figured it was all bitter landlords burned by student tenants. Not grownups who actually take care of property.)

[She Likes Purple]

My blood is BOILING for you. And, really, good for you for not just walking away without your deposit because so many people would have done so to avoid the headaches (and I bet that's what he was counting on).

[St]

I'm glad you won even if it was a small victory (since he can't be held criminally responsible) We've never had enough money invested to make it worth it to report the couple of unsavory landlords we've had to deal with. So I'm glad someone else got there day in court...sort of.

[Carla Hinkle]

I can tell his jerkiness over the months has really taken its toll on you. Although him not showing up is unsatisfying...you're getting your money back one way or another. That's got to feel good.

And FWIW my comment on Twitter re: possible defamation suit from him ... I'm not judging what is legal/not legal. I'm just thinking that a guy who gets a lawyer within 3 days of you giving your 30 days' notice is a guy who would sue you just out of spite, which would not add to your peace of mind.

[April]

That part where you ask why doesn't Michigan law protect tenants? I get that. When I went through this, I was amazed that EVERY Landlord/Tenant document or pamphlet that I looked at was 100% geared toward protection of the landlord.

And when I found that out that even if I were to get a money judgement? That it didn't even mean they'd pay? I was furious. I got lucky and leaned on my landlord until they got nervous and paid up (she slipped and admitted that she spent the deposit money), but I know that had that not happened, I'd still be fighting.

It's very, very frustrating, yet, in this area I had no choice but to rent again, because I can't take the change that I'll be buried under a mortgage if I become the next victim of our crap economy.

I think I might need a beer now...

[Woman with Kids]

I'm so sorry you've had to go through this. I'm a landlord (a nice one, honest.) and am always amazed how awful people can be sometimes. Treat others as you want to be treated, sounds pretty simple to me.

[Casey]

Had some bad experiences, but nothing as bad as this. However, your clarity (even in an enraged state) brings me back to how I have felt when wronged in certain situations. How I want to write it all down, just like this, just to have it somewhere, so I don't need to keep thinking about it and replaying it.

On the bright side, look at how many of your readers took the time to give you the heads-up on the name-slip in paragraph 6. That totally balances out the douchebag landlords you might face, in my opinion.

[Ian]

I'm glad you won, but that doesn't mean you'll see a dime. If the lease was signed by him personally, you might. If it was rented to you by him under the name of a "management company" or a holding company, all he has to do is dissolve the business, and the debts go with it.

And while the author of this blog isn't the reason why Michigan has strong landlord laws--Detroit.

*Hey, thanks for being so awesome! ~m

[Alice]

Wow. To have him just not show, after all of this ...

Wow. Good on you for persevering, and for having gone through all that hell a while back so that you had the financial cushion to deal with this (or at least not be nearly as hurt by it as would've been the case years ago).

I was pissed off when a landlord witheld $100 to clean a few crumbs from the oven (I'd forgotten it) and to unscrew cuphooks and *paint* the underside of the cabinets they'd been in. Justifiable, if a stretch for the amount. I can't imagine the levels of stress that you've been dealing with when it comes to this amount of $$ and this length of time.

[ha]

So you gain a judgement......that will never be cash in your pocket. Even God won't garnish Landlords wages etc. A judgement is a lien against his property at best. Property that he clearly doesn't care about. He'll probably lose it and then your judgement/lien is worthless.

*He owns a few properties. We're cool but thanks for being so pleasant!~m

[Judy]

"ha" is clearly wrong and has little or no knowledge of the law. I worked for an attorney for 20 years and personally had to sue an ex-landlord of mine for a security deposit in a similar situation. The Judgment applies to any and all real property, bank accounts, etc. The sherrif's deputies showed up to claim my landlord's truck when he finally reached his short hands into his deep pockets to pay us back. Further, landlord's "wages" are no more protected than anyone elses. Fair is fair he (ha) wasn't being fair and he lost. End of story.

[mp]

congrats on the default judgement. I hope he pays you. I, too, have a default judgement against a former client of mine who stopped being able to pay me for my time. I sued him and won - he never showed, either. And I've still not collected, despite my 2 garnishment attempts (#1 bank account - nothing. #2 partner/employer - nothing.) He's "self-employed" so no paycheck to garnish. everything is in his wife's name (they're renters, even), so I've got nothing to grab. He's slippery and it just fuels my rage. I hope you have better luck than me. Now it's more than the money - it's the principle.

[Jen]

Ugh. Brings up REALLY bad memories of a landlord I once had. It has been 15 years and I still can't think of that man without feeling a combination of anger at him, and self loathing. I'm glad you are (hopefully) getting your security deposit back.

[homeslice]

i was almost dreading reading this because i was thinking, great, they will get a judgment for the money, but nothing bad will happen to the landlord, and it's not right. it's so unfair that he can hold money like that for months, and simply then have to pay it back after everthing he's put you through. he's a fuckhead.

[bonzai]

I'm glad you're positioned to get SOMETHING out of this idiot. He should have been thrilled to have responsible tenants, and instead he treats you like crap.

This gave me flashbacks about my landlord at MSU, a professor, no less. He was supposed to go on sabbatical. Then he changed his mind, and MOVED BACK IN and drove out my summer subletters. I had to get a lawyer and evict the jerk. From his own house.

Had the E. Lansing cops come and witness some of his assholery as officers of the peace, and he was so crazy, they told us to call them every time he came by, because they were worried about us!

Knowing we'd never see our security deposit, and knowing that the owner (in MI anyway) is responsible for the water bill (unlike other utilities) no matter what, we left the faucets running for an entire week before we left. The water bill was horrendous, and he had to pay it. Petty, but he left the place a complete sty when we evicted him, and it took us days to clean it up.

I hope I never have to deal with another landlord as long as I live.

[Jeanette]

I've had a couple of pretty bad landlords, but nothing like this. I would argue, though, that you and Logan have already won. Because this guy has to live in this world as an absolute douchbag, and Melissa & Logan get to continue to be awesome. Just my two cents.

[Manic Mommy]

So of course, I am now dying to know what happened with the in laws and if they are involved in your lives or the childrens' lives at all? Intriguing!

[Logan and the kids see them when they're available. I have no problem with that at all. I won't put myself back into the situation again.]

[jg]

WAY TO GO!!! Yippeeee

[jg]

After I wrote it I realize that while I was excited that you have won the next step in this battle it's still a heavy and frustrating load, leaving my cheerleader like comment a little inappropriate. So, I'd like to change me "WAY TO GO!!!! Yippeeee!" to:

You guys did a wonderful a meticulous job. All the negative things people are saying about not getting your money are highly unlikely. Dissolving a business over 1 tenant with 1 lawsuit? Not likely.

You both deserve a lot of credit for everything you went through as well as how you handled it. It's a shame that in today's society you don't always get due credit.

This post will most definitely help people in the future who have found themselves in the same or similar situations.

[MelissaS]

Yes, I'm surprised by the You Won't See A Dime comments. I know where he lives, have his bank account number, he isn't married, everything is in his name.

He's just going to put it off long enough so that we'll hopefully drop it. Which we won't. Obviously.

I wonder if he's not reading all of this. Turd.

He has a pattern of doing this. Ignoring things hoping they go away. Property taxes, a vacant property...until a neighbor calls to let him know the second floor has fallen into the first.

And he has just enough ego/arrogance plus money to get away with this stuff over and over and over.

It helps that he's from a large powerful family in the area.

We'll see what happens. Step one is to wait 21 days. He'll get notice of the judgement against him on Monday.

[t]

Dirty, dirty pool. Do you know how long it took him to rent the house? I'm wondering what made him drop the rent $300 after all. Or is assuming that logic and reason is at work giving him too much credit?

[MelissaS]

He first tried raising the rent $50 and then it sat and sat and sat. He finally rented it out at the beginning of April? Or May?

[lousoz]

Your comment about his "powerful family" has me intrigued.

I'm so sorry this process is dragging out for you.
Our deposit was held on our apartment in college. Like you, we left it in better condition than we found it. 3 of the 4 of us sent letters, per the "rules", requesting to be notified why it was not being released to us and they just sent us our checks, minus the water bill, no explination what-so-ever. The one girl who didn't send a letter didn't get her portion from the leasing company. She then insisted that the rest of us had to pony up some of ours.
She wasn't the sharpest knife in the drawer and was "so surprised" when we all told her to take a hike.

Sorry for the tangent.

[Alison of a Gun]

I'm about to move out of my apartment and it's going to be a total nightmare. When I moved in, someone else's stuff was inside and I had to haul it all to the curb. The place was also dirty, and when my landlord got it "professionally" cleaned, it was still disgusting. The cleaners told her that the oven and stove were just to dirty to clean. Uhhh...what?! I have cleaned rental properties before and they don't take "too dirty" for an answer. You just scrub harder or use more chemicals, or whatever! Jesus. Anyway, now that I'm leaving she said I need to paint. Which is retarded since I didn't paint anything. She said I just need to "touch up any holes" which is also stupid since I didn't make any holes, but there ARE nails in the wall from the previous tenant. I have already kissed my deposit goodbye. It's worth it to me to not clean up someone else's mess. I can always get more money, but I can never get more time. My deposit was only $600, though. If it was $2,000 I'd be a lot feistier!

[MelissaS]

Yes the things you learn. We were very careful to take pictures of everything here before move in and we got an inventory this time.

This house was not recently gutted so it will be less stressful dealing with the "normal wear and tear" distinction.

I guess we'll see. So far they seem a lot more reasonable.

Also we have never expressed any interest in buying this house so maybe we'll both have reasonable expectations at the end of the lease term.

[lorrie]

We were at my boyfriend's apartment one night when the heater died on a really cold night in South Carolina. Yes, even SC sees some cold nights. We left to spend the night at my parents' house where I lived at the time. Of course boyfriend stayed in the guest room!

I left my college ring and the diamond wristwatch my grandfather gave my grandmother in 1925.

When we got back several days later the heater worked and the ring and wristwatch were gone.

That was 25 years ago and I have still not gotten over it.

[marcy]

Yay for winning! Do you guys feel jipped out of 'your day at court' at all? I had these grandiose ideas of presenting everything to a judge who'd then turn around and lay it into our landlord that I had to let go of!

After going through this process last year, I totally feel where you're coming from about sharing it with others (in all of its maddening wtf-ness) People shouldn't be allowed to do this to other people, and I think that your writing about it is a great way to keep other renters on the up and up about their rights.

The Landlord/Tenant laws in Michigan (and the entire justice system, for that matter) left me feelings very cynical, and I say that as someone who did receive double her security deposit. The process is long and beyond frustrating-- I actually cried in the courthouse once when my attempt at garnishing them did not go through (totally embarrassing, I wouldn't recommend it)

In the end, around 6 months after we won and the money didn't come, and we tried to garnish a bank account that had since been closed, it looked like they were just going to get away with it, despite the judgment against them. (I too was amazed at the unfairness of it all-- I assumed that they would send people out to demand the money or something!-- how naive!)

When he doesn't pay, file a subpoena against him (which is trickier because you need it hand delivered by a process server)and ask for every record he's got short of baby pictures. And if he doesn't show up then, they issue a bench warrant for his arrest. We had to pull this move on the property manager of our old apartment community, and it got quite nasty because she thought we were trying to "screw" them (out of our own money!) BUT at the end of the day they settled out of court and I wrote her an extremely nasty letter and felt much better.

If they don't pay you there's still a lot of hoops to jump through, but don't quit. I almost quit-- some of my friends and family were like 'this is taking a lot out of you, are you sure you want to keep trying?' and in the end, when the money is back in your bank account where it belongs and you're having celebratory beers, you'll be glad that you stuck it out to claim what is rightfully yours.

I wish there was a more public recourse for this type of deceitful business practice. I find myself sad that they don't flog people in the town square anymore who try to pull this sort of thing off. If it helps, my lawyer told me that I could say whatever I wanted about my old landlords (by name) as long as it was true. As long as its true, its not against the law.

[Heather]

As someone who goes Friday to file against our ex-slumlord, thank you for posting. You give me hope. I know collecting isn't guaranteed, but at least in my case, it's a company with clearly identifiable belongings, which can be seized and sold! Best part for me in our saga: We broke our lease early (legally, with help from a lawyer over the slumlord issues). Two weeks later there was a fire at the property. (See, slumlord, it was caused by faulty wiring the slumlord had already been cited for, but hadn't bothered to fix). One month after we left I sent my demand for return of security deposit. Their response to my demand for security deposit: No, you still owe us rent until end of lease because we haven't managed to rent it out again.
A little hard to do when you've moved the fire-damage-condemned office *INTO* our old apartment!

[Melanie]

We had a similar experience renting in Indianapolis, after moving OUT OF STATE. I assume the landlords thought we'd never get our $ because we were across the country. After a number of certified letters asking for our security deposit OR an itemized list of why they were keeping the $, I contacted a lawyer in Indy who represented us (NOT in small claims court). Our landlord also did not show up for the case, so was in default, did not pay the judgement (which in Indiana also covers all lawyer fees), and our lawyer had to attempt to garnish his wages. When the letter went out to his employer, he suddenly paid up. It was severely annoying having to deal with this all long distance and over a long year. At least in our case he had to pay our legal fees as well as some interest on the security deposit, so it did end up hurting him more than just returning the darn deposit.

[Jenn @ Juggling Life]

I'm surprised anyone thinks you should "let it go." That's precisely why so many people do this type of thing--no one stands up to them.

[Josie]

Well what a GREAT idea to write down your feelings in a password ed place! Brilliant! I have some beef with my SIL I would LOVE to get out!

[Me in NJ]

I'm not signing my real name, but if you want protection for the tenants, move to NJ.
Both my husband and I and my mom have owned multi-family residences; we lived on sight in a two-family and my mom owns a three-family but lives off-site). We are good landlords. Repairs are made immediately, we're willing to take rent late if you come and explain to us why you can't pay by the terms of the lease you signed when you moved in. We'll allow you to pay in installments if that's easier - but damn it, pay your rent! That's what a lease is, a promise to pay rent, and the lease even covers your a$$ if, as landlords, we don't provide you with a roof over your head that is in good condition, yadda, yadda, yadda...
Tenants have literally gone a year without paying any rent and we have not been able to have them evicted. One of them actually had the electricity turned off and never emptied the refrigerator... We had to go to court to get their wages garnished, which, btw, doesn't work if they work for cash and are, in the eyes of the law, unemployed. Then you have to fight to attach their belongings, and when they move out of state, well, just kiss the money they owe you goodbye!
So you want some protection as tenants, come on to NJ! (And btw, my husband and I are no longer landlords, and never will be again!!!)

[joaaanna]

Jesus! What did Gary do to that cabinet door!?

Glad things mostly went your way... it would make the victory so much sweeter if he were PUNISHED!

[MelissaS]

I've heard horror stories on both sides Me. I was suprised though how fast my landlord could have us evicted when we tried to withhold our last month rent.

Gary is huge and liked to sleep in the sink at the old house. He couldn't quite heft his body up without scratching the cabinet door. It was easily fixed with that refinisher I used on the table in my living room. But I didn't know about that stuff until we'd moved out.

[Lisame]

I think it is very healthy for you to vent this. You always comment how your feelings make things worse. Be thankful you don't have my stupid temper. I hit a landlord once. Not my best day.

[Rebecca]

Check it out. You and Logan did everything right: http://www.buffalonews.com/185/story/674853.html

Wish I could have read your post about your in-laws. I'm sure it would have helped a lot of people, including me! (and, of course, the world revolves around me, in case nobody has told you ;-D)

[Sue]

Good for you. We had to rent a house for a while in Las Vegas, and when we left they miraculously found $1800 worth of cleaning that had to be done - the exact amount of our security deposit. SO STRANGE. At that point I was so over and done with the whole thing (we'd been through the rounds with them over various things) that I just let it go. But I sort of wish I'd stood up for myself.

[mopey]

It's not over. It won't be over until it's not worth it for him to fight or until you give up. If he doesn't pony up immediately and you keep on pursuing this, it will become your second job, with no paycheck. Litigation can be a hard to kill animal. He can move to open the default and start the thing all over again. He's seen your case and now he can prepare a better defense. Even if you win in a case tried on the merits, he can appeal. And even if you are upheld on appeal, he can close bank accounts before you get to them. He can transfer assets. He can declare bankruptcy. Sometimes the best thing is to walk away. Because it's not worth the money or time or stress or anguish or fighting.

[Melissa Summers]

That's the dumbest thing I've ever heard.

I don't understand this mindset at all.

Small Claims cases have no appeals first of all.

Second of all, is your name Brian?

Thirdly, it's no wonder landlords get away with this shit all the time. I don't know about you but $2000 is a lot of money in my world. The principal itself is priceless.

[kay]

Yep, I'd wager that the landlord found your blog and he's all 'mopey' about it.

[Gayleen]

I hope you get your money. Sometimes it's tough. A friend of mine won a court judgment once regarding $700, which was a lot of money to him at a time. The defendant didn't show up to that hearing, either. It wasn't a landlord thing, though. You would not believe what it--well, actually, I'll tell you, because I think you could use a laugh.

My buddy was staying in a kind of lodging house where the tenants had their own rooms but shared common areas. Oh, and a phone. The landlord did not have the phone in his name because he, though also a douche, was not an idiot. My friend, in a fit of idiocy, put the phone in his name. We all told him not to. We staged a small "do not put this phone in your name" intervention. But he was all, "It's easier this way" and "No one else will do it" (why do you suppose that is?) and he went ahead.

One of the other tenants put $700 in charges on that phone in a weekend.

How's that done, you ask? Well, this guy had a hobby where he would get extremely drunk and not a little stoned and would then call a sex line. And pass out. You would be surprised how quickly a guy can rack up $700 in charges when he passes out with the phone off the hook to a 1-900 number. In, IIRC, Thailand.

The court found against ol' Wild Palms, and presumably his wages were to be garnished, etc., but that never happened and the money never came to my friend. Months went by.

Then, one night, my friend was in a bar when he spotted Wild Palms playing pool across the room. My friend went to a doughnut shop next to the bar, called the police, and got three things--coffee, a doughnut, and a window seat. Then he watched while the cops showed up, went into the bar, and dragged Wild Palms away.

I would never claim that satisfaction was worth $700, or even $70. My friend was hurt by the lack of that money. We were in a depressed economy and my friend, to be honest, even had some trouble scraping together the small claims court fee in the first place.

But watching that f*ckhole get hauled out of the bar and into a cop car was a damned sight better than nothing.

If this landlord of yours does not pay up, I recommend having him arrested as often as you can.

[mopey]

You're furious and you're going to fight and you think that you'll do whatever it takes, and you'll keep on and on and on. But, eventually, there will be nothing else you can do. Ask any lawyer, "Is it possible that we won't be able to collect on our judgment." He or she will say, "Yes, that's possible. We will do what we can, but sometimes people will move their assets so that we can't attach etc. . . ., blah blah bankruptcy . . ., yadda yadda out of state. . ." And if that happens, then that is when you hug your priceless principle and congratulate yourself that you did the right thing.

I don't have a dog in this fight. I like it when the justice system works and would like to hear that you have prevailed and the evil landlord has caved and written you a check without further process. It doesn't always happen though and when it doesn't, and you run up against one brick wall after another, there is no shame, and much merit, in acknowledging that that's enough emotional and mental capital to spend.

[jeff]

Melissa, I'm know it's frustrating, but here are a couple of "silver lining" takeaways: (1) The landlord will now have an actual judgment* against him. This will show up in public record searches by prospective tenants and creditors. (2) You have moved the landlord one step closer to his becoming the "chronic issue" that judges are looking out for. The next screwed tenant will thank you.

Finally, I would suggest that you focus less on HOW you won and be happy with the fact that you did win. And never mind the naysayers about enforcing the judgment -- if you're motivated to do so, and he has assets, you will get your money. You've now experienced our civil justice system firsthand, and concluded (like millions before you) that it's not perfect. However, it does a pretty decent job of preventing people from going out and beating the shit out of each other, while still not making it too easy for any one "side" to prevail. Glad you came out on top.

(*since you'll be enforcing one soon enough, you'll want to be cool and write it "judgment" without the extra "e").

[Dawn]

Melissa, I am so glad that this portion of the fight against this douche is finally over for you guys. At least now you all are on the victory side of things, don't have to wake up every day with it hanging over your head.

In my experience with winning a court case in which the other party did not pay, usually the sheriff thing forces their hand pretty quickly. No one wants to go through the shame of having a sheriff sort through their shit to come up with $2K. With my case (which had to do with not being paid for a car I had sold), after a year, right before the sheriff came in, the stupid bitch that tried to con me finally coughed up my $2500 to avoid the longarm of the law pawing through her underwear drawer.

Oh, and I have been meaning to ask...what is the name of that refinisher stuff? A puppy we were dogsitting (not very well, apparently) chewed on the leg of our dining room table. The damage is not too bad, but it definitely needs fixing. Thanks.