Unreturned security deposit, without list of deductions?

[shashank]

I rented an apartment from 6/2007 to 6/2008. The landlord issued me a lease agreement for the 1 year term. The lease has my name, and the landlord's name printed and signed on the lease.

Upon moving out the apartment at the end of 5/2008; I cleaned the apartment thorougly, had the carpets professionally cleaned, took pictures of the apartment to prove the good condition I left the apartment, sent the landlord via certified mail the keys to the apartment and a copy of the receipt of the professional carpet cleaning of the apartment.

The security deposit of $500.00 I gave to the landlord to commence the lease in 6/2007 was never returned, and nor the itemized list of deductions from the security deposit. I attempted to contact the landlord via telephone, and certified mail. The landlord never contacted me back, and evaded my attempts to contact her about my unreturned security deposit. Keep in mind the landlord is a practicing Real Estate Attorney, and owns several properties in the area.

On 10/3/2008 I filed a complaint/suit for damages of my unreturned security deposit with the local Justice of Peace/Magistrate. I was granted a hearing about the matter on 10/24/2008. I attened the hearing, and the landlord/attorney/defendant did not show up at the hearing. The Magisterial Judge did not even give me a chance to say a word, and stated the scheduled hearing he gave about the matter was issued in error. The Magisterial Judge issued me an extension of hearing for 12/15/2008. It was quite strange because pursuant to procedure if the defendant does not show up at the scheduled hearing, the plaintiff wins by default.

I attended the next hearing on 12/15/2008, and this time the landlord/attorney/defendant did show up for the hearing. During the hearing the Magisterial Judge did not give me a chance to speak. The defendant argued that I was suing the wrong person, how this was a waste of her time and a major loss to the billable hours of her law practice, and that she wanted to file a cross-claim against me for legal malpractice for suing the wrong person. The Magisterial Judge ordered me to rescind my suit against the defendant or I will be charged with contempt of the court. At the end of hearing the Magisterial Judge stated that I need to work this matter out between the defendant and I, and keep this matter out of his court.

I researched the matter, and what the Magisterial Judge stated, and discovered that it has no real legal relevancy. Obviously the Magistrate is acting in the defendant's favor, and attempting to thrawt my attempts to collect this unreturned security deposit. However, the Magistrate did not dismiss my case, and scheduled another extension of the hearing for 1/20/2008.

What should I do to correct this matter? Should just drop the suit, and learn a lesson? I left the apartment in good condition, and have pictures to prove it. Is $500.00 really worth fighting over if an attorney, and Magistrate going to go crooked against me? I could file a complaint for the Judiciary Conduct Board, and the Bar Association, but is that really going to do any justice? I'm afraid if I file a complaint suit with a a different Magistrate the same thing will happen.

[ruddy]

Maybe you should drop that suit and try to get recovery in Small Claims Court, where your chances will be better.

[jarel]

Be careful....there may be legal issues here....1st is the lease in a Company name...if so and you sue personally they CAN recover from you .....next even if they are a lawyer and go and rep themselves they MAY bill you for the cost depending on the lease for their time.....next check your lease....is there built in charges that even if you clean they have set up costs or other fees as stated....next ...did you pay your last months rent or just let it slide as many do so that the deposit is used up...there are MANY MANY reasons why the lawyer can prevail...you just have to do your homework....