Landlords really piss me off!

[BuffCyclist]

Sorry for the mix-up, I missed that you were in New Mexico. Sucks for you that NM doesn't do treble damages. $250 not a real big bar to be a jerk, especially when so few tenants understand and assert their rights. Make him think twice about pulling this crap in the future. Make him pay.

No worries, not your fault as this IS a Colorado gun forum lol. I'm just an ex-Colorado resident and miss it so much I have to stay in touch somehow!

Yes, extra damages would be nice. However, the threat of them having to pay for the court costs, attorney's fees, and an extra penalty of $250 will make them think twice about withholding $100, because in the grand scheme of things it could be a lot more.


For the record, is it bad that I had fun researching the laws? I'm actually looking forward to going to meet with the landlords wife tonight, see what she says, then hand her the printouts of NM Law (with the defined article/statutes attached and weblinks too), then tell her if she doesn't give me the full amount, then I will have my lawyer contact her.

[JohnTRourke]

you'll never get a lawyer to do it
it's way too expensive

you can however file in small claims court and it will be easily won.

get things in WRITING, that's the only evidence that counts.

i would go with the printouts and say "read, give me my money"
and if she doesn't
file in small claims court.

and then
call the local newspaper, they LOVE stories like this where people are getting screwed for years. (19 properties, turning over at least once a year, screwing all those people for $100 each, oh yeah, that story writes itself) Remember, reporters are lazy, you'll have to give them all the documents, law, everything you already have so the reporter can write it and document it)

[BuffCyclist]

you'll never get a lawyer to do it
it's way too expensive

you can however file in small claims court and it will be easily won.

get things in WRITING, that's the only evidence that counts.

i would go with the printouts and say "read, give me my money"
and if she doesn't
file in small claims court.

and then
call the local newspaper, they LOVE stories like this where people are getting screwed for years. (19 properties, turning over at least once a year, screwing all those people for $100 each, oh yeah, that story writes itself) Remember, reporters are lazy, you'll have to give them all the documents, law, everything you already have so the reporter can write it and document it)

Ah, well i thought you still had to get a lawyer to write up paperwork for small claims court. Guess I may be finding out how it works soon enough!

Not the right person to ask, I'm a complete nerd for the law. I think C-Span is high entertainment.

Haha, yes well I hate being screwed over and I've known/heard of way too many landlords who do that (mostly coming from Boulder). It makes me feel satisfied that I was able to find the laws on my own.

[Waywardson174]

For the record, is it bad that I had fun researching the laws?

Not the right person to ask, I'm a complete nerd for the law. I think C-Span is high entertainment.

[sniper7]

Sounds like they need to pay in full! If not, tell them the next paperwork they receive from you will be the court date for small claims where you should/will go after everything. Maybe find the laws stating about being your own lawyer, the time you have to take off work, the time researching the case etc. itemize everything. worst thing the judge can do is not give you that amount.

[BuffCyclist]

Sounds like they need to pay in full! If not, tell them the next paperwork they receive from you will be the court date for small claims where you should/will go after everything. Maybe find the laws stating about being your own lawyer, the time you have to take off work, the time researching the case etc. itemize everything. worst thing the judge can do is not give you that amount.

Oh yes yes, I am researching that now too.

Have written up a legal looking/sounding document that I will hand to the landlord tonight, demanding the full amount of the security deposit plus the 13 days of pro-rated rent subtracting no withholdings or fees as today is the 31st day after the lease expired and they failed to return the security deposit to me. At the very end, I am stating that if they fail to return that amount to me tonight, I will pursue legal action to the fullest extent allowable by law.

Drafting up this legal document is quite fun too! I'm making it sound very official, from my experience of renting for 8yrs and signing leases often!