Get the money back that is owed to you.
You have decided to move and are dealing with what seems to be a landlord from you-know-where, who evidently has no intentions of returning your security deposit. He claims that he is entitled to keep the money to repair damages you did to the property, although you know you left the place in no worse condition than it was when you found it (and maybe even improved it somewhat out of your own pocket). What do you do now?
Getting Your Deposit Back with Small Claims Court
Security deposit disputes are one of the most common issues in small claims court. To file a claim, you need to formally file your complaint with the court. States do issue a statute of limitations, or a time limit, so it is important that you check with your state to determine how long you have to file.
If you are in the same state your former landlord and property you rented, you can file in the district closest to your landlord’s home or in the court closest to the property you rented. Some states may have different filing rules so you may want to contact a local small claims clerk for more details.
You also need to prepare for your side of the case. You should write down why you are suing the landlord. It can be a small paragraph, explaining to the judge your case while telling him your side of the story. It will do you well to investigate the local law of security deposits so you can determine what you are entitled to and so you can explain what your landlord did wrong. Be sure to include the legal name and a recent address for the landlord.
Once you turn everything in, you will receive a trial date and case number. The other party will also receive a notice from the court or mail, or you can have the papers served by a process server for an extra fee.
When it is time to step into court, be sure you have as much evidence as possible to back up what you say to the judge. Explain why you are entitled to receive your deposit back and share any documents you have to solidify your side, to increase your chances of receiving your monies due to you.