Question
should i apeal a small claim judges decision to dismiss my sec. deposit from landlord?
i took my x landlord to small cl. court in south carolina for my sec. deposit. i had all my pics of the home that clearly shows that the house was free and clear of any damage. i had a one year lease and did everything the way it said to. she did not give me a wall thu and was tiringg to "push me under the rug" when it came to my money. i only got an itemized statementt after my lawyer sent a demand for one which was over 30 days later. she came to court claiming over $4,000 in damages and brought a pic of a microwave and two missing stickie tiles on the kitchen floor (was missing when i got there.). After getting a letter saying All claims dismissed (no reason why) i left a note for the judge asking why. some woman called me (not sure who or were she was from) and said he dismissed it b/c she had to paint. i have picture showing my walls were in great shape and if she indeed painted its becuause she wonted to and that is not my problem. im intend to apeal but i just wonted to know if it would be wearth it. im sueing for 3x the amount pl court fee and att. fees. i have pictures if you would like to see them before you give me your thoughts on this.i just dont know how to post them. thanks so much
4 weeks ago - 3 answers
Best Answer
Chosen by Asker
First of all landlords are not required to do the walk through with you present. It is perfectly legal to do it without you after you move as long as it is with in the required 30 days. I just want you to know that. You need to appeal. That judge did not follow the law. It does not matter what damages she claimed or if they were legitimate or not. When landlords do not send the final accounting with in the required 30 days they lose all claim to the deposit.
Source(s)
I'm a property manager
by Wildcat
4 weeks ago
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