Can I still take my landlord to court after I cash the check sent for my security deposit?
She didn't send our full security deposit back. She ended up taking out $850.00 & listed why she took this much out. On the back of the check she wrote paid in full above where I need to sign to cash it. If I cash it, does this mean I've lost my rights to take her to court? There was no need to take $850.00 out of our security deposit. We should have got the entire deposit back because we left no damage & left the place clean.
- babyboomer1001Lv 78 months agoFavourite answer
You need to decide. Either what you have is acceptable or it is not. If it is not and you plan to sue, then don't cash the check. Don't cash it without first deciding, based on a "maybe". But you should not sue without trying to resolve the issues first, and I suggest you consult a lawyer to learn the laws that pertain to your state. Although they vary from state to state, many are the same across the board. It will cost you about $125 to file suit and probably $150 to serve it. If that is acceptable to you, then try and resolve it and sue if you must. See a lawyer first though.Source(s): Certified Paralegal, with 25+ years' experience & with Landlord & Tenant law experience.
- Landlord365Lv 58 months ago
Writing paid in full on the check is a meaningless waste of ink.
Yes you still have the right to dispute the charges subtracted in court.
- TiLv 78 months ago
You have the right to an itemized list of everything she deducted from your deposit.
You also have the right to sue her in small claims court.
- SlickterpLv 78 months ago
She can write anything she wants, it does not change your ability to sue her.
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- Nuff SedLv 78 months ago
Writing "paid in full" (or anything else) on a check does not change the legal obligation of the landlord to submit proof of the damages for which you are being billed. "Dear LL: Thank you for the partial refund of our deposit. We expect you to timely pay the remainder to us, as required by law. You have ten days."
- 8 months ago
I would recommend emailing her or send a certified letter, stating that She needs
to return the full amount of your deposit, since you left no damage and left the place clean. And tell her a reasonable deadline to return the full amount due you.
Or you will have no choice but to go to court against her
Hopefully though, she does not have proof against you (photos and such) that prove otherwise. And hopefully you have proof that you did leave the place in good condition. This should have been done the moment you gave her back the keys to the place.
- PearlLv 78 months ago
you can try talking to a lawyer about it
- Anonymous8 months ago
No, you are not giving up your right to sue for the other $850.00.
This is not an insurance settlement where acceptance of the money means you have no further claims.
- JudyLv 78 months ago
Writing "paid in full" on the check does not take away your rights to sue.