Security Deposit Suit

[robert.knepp]

I have filed a civil suit against my previous lanlord for lack of returning my security deposit. He obviously came back with the intent to defend the claim.

I was wondering anyone here could tell me if I've got a good chance of winning.

Here's the scoop:

I moved into the trailer on a verbal lease. We paid first months rent and security deposit ($400 + $400) in cash. We got LL's signature for this. He gave us a phone number but no address.

We continued to live there for 1.5 years, paying monthly rent ($400) in cash. Each time we got his signature showing we paid for that month. He always came to pick up the rent.

We told him we were planning to move out in a few months. He said that we probably wouldn't get security dep back until he rented the place out again (which I though was illegal since the sec dep was an escrow that he was not to spend).

We gave 30 days verbal notive on May 30. We moved out on June 29 and moved into our new home. We were required by state law to give him our new address in writing. We supplied him, in writing, a request for security deposit return to our new address on June 30.

Three weeks later we still hadn't heard from him. We called, only to get get the answering machine every time. Finally one day one of his kids answered and we got through to him. He told us that we did over $1000 in damages and asked us what we wanted to do about it. We told him to send us a list of damages. He then told us that he wasn't going to send it, but he would tell us on the phone. He also refused to give us his address.

Now it's been over a month and a half since we moved out and still no word. According to my states (PA) statutes the landlord has 30 days to give a written list of damages or forefeit the right to collect on those damages. Since we gave him our new address in writing, we had the right to collect on our security deopsit. So we filed a lawsuit at the local District Justice (which incidentally isn't easy without an address... let's just say you can pay extra to have a constable serve the papers by hand).

We took pictures of the old trailer (every room several angles each) when we moved out. We never told him we took them. We also have all his signatures for monthly rent and the security deposit.

How does civil court work? Do they have to follow the laws verbatim? Or do they just use them as a guideline (i.e. since we gave him our new address and he did not give us the list of damages, according to the laws we should win)?

I'm just weary about the whole thing. I've never had to sue someone before, and although I've done the research on PA state laws that say we will win, I'm worried about any unseen loopholes that the LL may try to use.

Any suggestions? (note: I will not take this as legal advice, rather personal advice).