Landlord-Tenant Small Claims
I am suing my ex-landlord in Small Claims court over a maintenance item. I paid for the maintenance while a tenant since landlord refused to pay it. I did not argue at that point fearing retaliation and now bringing a case asking landlord to pay me back.
Questions --
1) During my stay, the landlord lost my rent check multiple times and I had to follow up with her and send her duplicate check? Shall I point this to the judge (proves landlord is negligent and tenant is prompt in payment)
2) The landlord did not pay interest on Security Deposit even though it is mandated by State Law. shall I point this out (proves landlord is used to violating law)
3) The elevator in apartment building was running with expired safety cerificate for a couple of months. Shall I point this (landlord is usually negligent in maintainting the apartment)
4) If the judge asks why I am suing several months after the incident, is it OK to say that I was fearing retaliation by landlord or shall I say that I was not aware of law ?
Re: Landlord-Tenant Small Claims
To answer each of your questions in turn:
1. This is really up to you. It is probably only relevant if LL claims you were late in paying.
2. This is a big one. You should prepare a Demand Letter requesting your security deposit back. If your LL violated the security deposit law, he must return it to you immediately. If s/he does not, he can be subject to triple damages and costs. Look to the security deposit law and Chapter 93A.
3. This may be evidence of his general failure to maintain the building in a safe and habitable manner, and you may want to have some evidence of it.
4. The judge probably won't ask you this, but you should simply state the truth.
