Taking my ex landlord to small claims court?
April 10th, 2011 | 
Author: I have filed a small claims case against an ex landlord. The landlord is vacationing out of the country for the next 4 months. But his son who I have never met or spoken to has written a letter to the court saying that he will come to court and represent his father at the hearing. When he originally responded to the summons he did not have power of attorney but the court told him if he got power of attorney he could represent his father. The hearing is scheduled for next week. I am just wondering how someone who has never even had a conversation with me will be able to defend any claims I make. If I say the father refused to fix problems with the apartment, lied to me about certain things which cost me money, withheld my security deposit without reason what can his son say or do to defend against anything I say. It seems to me that I will have an open and shut case. Will it really be that easy or am I missing something? Any ideas?
Posted in Landlord Tenant Law
It’s probably to your advantage; however keep in mind that just because you win a claim that doesn’t mean the court gets you your money. All you’ve won is a judgment. The court doesn’t send the police to grab your landlord’s wallet or force him to pay at gunpoint. He can lose the judgment and still refuse to pay you—then you have to hire an attorney and attack his property, bank account or wages.
So this isn’t so simple if the landlord really wants to bust your chops.
I think you have a good case as long as you can document phone, or written conversations and perhaps have witnesses to conversations. Don’t worry about his son. That’s his problem!
You are not considering a very important detail. The son might go into court and ask that the case be continued if you try to bring up something he isn’t able to handle. This will delay the case and cost you time and money.
He could show up with notarized letters from his father countering claims that you’re making. I hope you have some type of proof as to your claims (pictures, letters, etc). Bring everything you have with you – even if you don’t think it will be asked for or used.
If you can back up your story with all proper documentation, I am sure his son will not be able to defend any claim.Sounds like you got a solid case. However, since I am not exactly sure of your allegations or what the case is really about, its a 50/50 thing. If you do get a judgment, however, be aware that it takes time to collect money, even after a judgment is made. Good luck! I wish I had the time to collect my security from a cheap old freakin landlady after I left an apartment!