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-   -   How to take my landlord to court (https://www.askmehelpdesk.com/showthread.php?t=298206)

  • Jan 2, 2009, 12:51 PM
    christinarule
    How to take my landlord to court
    Hi I rented a house in Fl and my landlord didn't give me all of my security deposit back. She kept nearly half for unfair/illegal reasons. I want to take her to court but I'm not sure where I can file. I live in CA now and it has been almost 3 months since she sent me the check in the mail. Is there a certain time I need to file by? Do I have to be at the actual court house to file? Also I know if I win my case that she will have to pay for it but is there a way can also have her pay for my travel expenses ?
  • Jan 2, 2009, 01:12 PM
    JudyKayTee
    Quote:

    Originally Posted by christinarule View Post
    Hi I rented a house in Fl and my landlord didn't give me all of my security deposit back. She kept nearly half for unfair/illegal reasons. I want to take her to court but I'm not sure where I can file. I live in CA now and it has been almost 3 months since she sent me the check in the mail. Is there a certain time i need to file by? Do I have to be at the actual court house to file? Also I know if I win my case that she will have to pay for it but is there a way can also have her pay for my travel expenses ?



    You have to file in Florida - the residence of the Defedant - and your travel expenses are YOUR cost of filing the lawsuit, not reimburseable.

    If it's a sizable amount you can always try a collection agency.
  • Jan 2, 2009, 01:18 PM
    christinarule
    Hey
    Judy
    In my lease it actually states that who ever loses the case is responsible for court cost. Is that usually the case?
  • Jan 2, 2009, 01:23 PM
    JudyKayTee
    Quote:

    Originally Posted by christinarule View Post
    hey
    Judy
    In my lease it actually states that who ever loses the case is responsible for court cost. is that usually the case?


    If that's what the lease says, that's what will happen - if that clause is enforceable in Florida and my guess would be that it is.

    It keeps frivolous lawsuits from being filed and if your landlord knows you're in California there's no reason to cooperate with you.

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