Re: Can I get a deposit back after an Eviction? depends...
Posted by me again on February 06, 2002 at 20:27:17:
In Reply to: Re: Can I get a deposit back after an Eviction? Not a chance posted by Blue Zephyr on February 06, 2002 at 19:08:28:
check the paperwork from the judgement the landlord received (if you can). it is possible that the deposit was subtracted from the amount of the unpaid rent, costs, etc. before the judgement was placed, meaning, that the deposit was already used/applied to the balance, and you can't get it back, you already 'spent' it.
however, you should also realize that in most lease situations, like zephyr said, you are responsible for the rent until the lease-end, or the landlord re-rents the place, including advertising costs, and any 'normal' re-renting costs he may have.
who is suing who, you are suing the landlord for the deposit, or is the landlord suing you for the balance of the rent from the lease?
in a 'normal' eviction (if there is such a thing), first, the landlord gets the judgement for the unpaid rent. second, he sues for possession of the property (i.e., kick you out), these 2 steps are usually done at the same time. now, at the point in time when the judgement is issued, you were probably still in the property, still not paying rent, and didn't leave yet, so the landlord could not calculate his other potential damages yet, since he didn't re-rent the place yet, or even see if there was any damage to be repaired, so, 'normally', the landlord will go back to court and sue you again for the balance of the damages once the amount is known. without getting into security deposit 'accounting' within proper time periods, etc., from your post, it sounds like you were evicted and had a judgement put on you, which you paid. we can't tell if/when the landlord got the apartment back immediately, and if he had any other damages, or if h sued you the second time for the remaining costs.
it sounds like he didn't, took the security as damages and unpaid additional rent, and let it go, without taking you to court again.
if this is the case, you pursuing it may not help you, because, if the landlord now decides to file a countersuit for anything he didn't rightfully get the first time, he'll probably get it this time, as well as YOU paying HIS court costs, and possibly his legal fees.
hopefully, you are sure that you want to open this can of worms.
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