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samproblematic · Nov 14, 2007, 01:37 PM

I am staying in jersey city,New Jersey. I had rented an apartment before 5 months and me and landlord had just verbal agreement. The verbal agreement was that when I leave the house I would get my deposit back. I don't have anything in writing that would prove that I had paid for the deposit. I used to pay the rent in cash so I don't have records of it also.

Now the landlord says that you will get the deposit after 2 months since he has used my deposit for some other purpose( I BET U THT sON OF STINKY used my money for some other purpose :mad: )

Please advice on what should I do. I am an international student and cannot afford to loose the deposit. Every night he comes and yells @ me. Is there anyway I could avoid this situation and get my deposit back.

ScottGem · Nov 14, 2007, 01:40 PM

That's what you get for not getting things in writing. You actually have no proof you are entitled to live there.

samproblematic · Nov 15, 2007, 01:59 AM

Hey thanks scott for your reply. I would like to know what would be the worst case scenario it means If I go to court what could be the outcome (I know that you are not judge but asking for your opinion). And also advice is there anyway I could get my deposit back. Any means where I can have my money from that son of .

excon · Nov 15, 2007, 06:01 AM

Hello sam:

I think you should sue him in small claims court. You might win. You might not. In any case, small claims court is quick, cheap and easy.

excon

ScottGem · Nov 15, 2007, 07:48 AM

The point is that you have no proof you paid him anything. Yes you can sue him and small claims court wouldn't require much in the way of cost to do so. But without proof that you paid the money and he is withholding it, I'm not sure how you can win. Even if you DO win, there is still the problem of having to collect. That's the hardest part.

excon · Nov 15, 2007, 08:29 AM

Hello again, sam:

I don't disagree with my friend, Scott. I don't think you have a good case either for the reasons mentioned.

However, it's a matter of the odds. I think you have a 1 in 3 chance of winning. You'd have to spend about $50 to win (you didn't say how much, so I'll guess) around $800. Those odds are 13 to 1, in terms of money, in YOUR FAVOR.

Given those numbers, I would take a 1 in 3 chance to get 13 times my investment.

excon

samproblematic · Nov 15, 2007, 12:10 PM

Thanks to everybody who took time to reply my question.
I realized my mistake since I don't have anything in writing I can't do it. I am ready to spend around 100$ not more than that as an International student don't want to spend much more. Even if I sue in small courts do you guys have any idea about how much would I have to pay and then I would like to ask one more question now the landlord says that he has occupied the apartment how much time would the court allow me to stay there

And in the worst case scenario what if I leave there and use my deposit as a rent what are the possibilities of this case where you go to court court says to vacate and you stay there for 1 month as let deposit use as rent

ScottGem · Nov 15, 2007, 12:15 PM

First, while the filing costs for small claims court vary, then are generally under $50.

Second, the purpose of a deposit is to protect the landlord against the tenant leaving the premises damaged. While a landlord can keep the deposit to cover unpaid rent, that's the landlord's decision. The tenant can't just say to use it that way.

If you do not pay the rental, the landlord can evict you. That is actually not necessarily the worst thing for you. If the landlord files for eviction that would legally acknowledge that you were a tenant. That would then help a court infer that a deposit might have been collected. The problem is how long you can stay once you stop paying rent. That depends on the rules in NJ and the landlord.