How to Sue Your Landlord for Your Security Deposit
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[pic]Sue Your Landlord for Your Security Deposit
Need to sue your landlord for your security deposit, but don't want to pay for a lawyer? This how to will help you sue your landlord in small claims court, giving you a better chance at getting the security deposit you deserve, and includes a special bonus for tenants in Arlington, VA.

For those of you who are tenants in Arlington County Virginia, this how to also includes specific instructions on how to file your suit in the Arlington court. These tips should help people who don't live in Arlington too.

Difficulty: Challenging

Instructions

1. o 1 First, try to work things out with your landlord. Let him or her know what you think and why, and see if they'll be reasonable. You can also suggest using a mediator. You should only sue as a last resort.

o 2 If that doesn't work, then you'll have to sue. Fill out the forms for a Warrant in Debt - Small Claims Division (Form DC-402). When deciding how much to sue for, be sure to include the costs you have to pay to the court! http://www.courts.state.va.us/forms/district/dc402.pdf

Instructions are at: http://www.courts.state.va.us/forms/district/dc402inst.pdf The street

Address of the court is: 1425 North Courthouse Road, Suite 2400, Arlington, VA 22201

o 3 Once that's filled out, go to the district court clerk and file the papers. In Arlington County, you can calculate your filing fees here:

http://webdev.courts.state.va.us/cgi-bin/DJIT/ef_djs_gdfees_calc.cgi

The clerk will give you a court date. You'll probably have to mail a subpoena to your landlord and the sheriff might also deliver a subpoena to your landlord.

o 4 [pic] Sometimes the subpoena is enough to bring the landlord back to the bargaining table. Again, if you can settle out of court on fair terms, do it. It will make things a lot easier for you.

o 5 If not, then you'll have to go to court. Be sure to write out your argument beforehand so you'll know exactly what to say when you're pleading your case. Try to make as many of your points as possible with documented evidence like letters, e-mails, and photos. The judge will have trouble sorting out opinions and verbal claims, but documented evidence is extremely valuable. Also, be sure to bring your lease.

o 6 When your court date comes, go to court! In Arlington County small claims court, everybody goes through mediation before the judge will see you. This will give you another chance to settle without going to trial. It will also give you a chance to practice explaining your case.

o 7 If mediation doesn't work out, then you'll have your trial. You start the proceedings by explaining your case, since you're the one suing. The landlord cannot interrupt you during your explanation, so take your time and speak clearly. Each time you can make your point with documented evidence, be sure to give that evidence to the judge. Be sure to give the judge time to read or look at the evidence before you continue talking. The evidence is so important, you don't want to distract the judge from it.

o 8 After you present your case, the landlord will have a chance to ask you questions. This is more of a time for the landlord to hurt you and not a good time for you to make points, so answer truthfully but try not to say too much. Be sure to avoid arguing with the landlord during this stage, which probably would hurt you.

o 9 Next, the landlord gets to present his case. If the landlord says something that isn't true, don't interrupt. Write it down and wait until it's your turn to ask questions. Then ask the landlord if he or she has any document or record of their claim (the one you think isn't true). If they don't, that should pretty much invalidate the statement.

o 10 Finally, the judge will declare a verdict and award damages (hopefully in favor of the renter!). If you win the case, give the landlord a week or two to send you the money. If they don't, you can usually go to the district court clerk and fill out forms to have the money garnished from the landlord's bank account or job. This costs around $80 in Arlington County. The form will ask which bank the landlord uses. You can usually find this information on your lease.

Read more: How to Sue Your Landlord for Your Security Deposit | eHow.com http://www.ehow.com/how_5536890_sue-landlord-security-deposit.html#ixzz1WRtH9up2