Q: Is it worth it to file in small claims court to recover security deposit?
Our former landlord is in agreement that they owe us 100% of our security deposit. Problem is, it has been 40 days and we have not received anything. I believe the issue is the fact that the company is severely disorganized and is extremely dysfunctional, and there is not any malicious intent. With that said, should I file in small claims court for double our deposit? I am at the point where I've had it with their incompetence. Also, what happens if I file a claim for double our deposit, and then I get our original deposit? Am I still entitled to go after the additional money because I already filed suit? This is turning into a huge pain, and I just want it resolved, but I am not sure the most appropriate and efficient way to go about it.
A: At this point, you do not have many options. Before you take them to Small Claims Court, send them a certified letter (return receipt) requesting your refund and letting them know that you plan to take legal action by a certain date, if they do not refund your deposit. You now have additional evidence for the Small Claims Court. If they fail to respond by the date specified, file a Claim.
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