Q: If your landlord try’s returning your security deposit after you’ve sued in small claims, do you have to except ?
My landlord has not returned my security deposit yet and it’s been 2 months already. I filed a small claims case , suing for double , and right when I did , then they wanted to finally respond saying that it’ll be coming in the mail. I asked them to pay the $65 filing fee I had to pay and then I would dismiss the case. If they only send my security deposit and not the filing fee, could I wait until the hearing and be awarded double still even though they finally sent me my security deposit which was already too late?
A: You can reject the payment. The damages, including double damages and costs, accrue at the time of filing. If they hadn't paid anything at that point, then they are still liable for the security deposit plus statutory damages.
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