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 Elite Veteran
Posts: 937
  
| Who all has been to small claims court? What was your process and experience like? I may be filing soon because my landlord is refusing to give me deposits back. He is stating I didn't give him enough notice to get the place rented back out. I have given him two weeks notice. Also it doesn't state in our rental agreement that I have to give him a certain amount of time, just that if there were any damages the cost would come out of my deposit. The apartment is immaculate and I plan on taking pictures and having the rental agreement as well as texts between us as proof. Any other pieces of advice? Think this would hold up in court or am I just wasting my time?
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 No Tune in a Bucket
Posts: 2935
Location: Texas | Let me start by saying that everything I know about small claims court comes from Judge Judy and People's Court, but did he notify in writing the reason for keeping your deposit. If not, you may be able to sue for double or triple the amount. |
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 Expert
Posts: 1440
Location: Texas | I always thought you had to give 30 days notice even in a month to month situation |
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Expert
Posts: 3147
| We took someone to small claims court, were awarded a judgment against the guy, he was ordered to pay us but we never received a dime from him. Total waste of time and money. |
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  Fact Checker
Posts: 16575
Location: Displaced Iowegian | I see that you are located in the state of Arkansas. Unfortunately, Arkansas definitely favors the “landlords” with their laws. This is taken from the law (link below).
If you plan to move and have an oral lease agreement, you must give one rental period’s notice, before the next rent is due.
If you plan to move and have a written lease agreement, you must give notice according to the provisions of your lease.
http://www.thelpa.com/lpa/landlord-tenant-law/arkansas-landlord-tenant-law.html
Therefore, right off the starting line, he would be able to collect that HALF of the month’s rent from you. Now if the portion left is substantial enough to sue for, then go for it. If it is a piddling amount, you would be wasting your time and money. For those who have not received any money from small claim’s judgments, all you have to do is garnish their wages (if they have any). |
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 Ima Fickle Fan
Posts: 3547
Location: Texas | Most states' rental laws benefit the landlord and not the tenant. Nowhere do I know of considers two weeks enough notice. I think you would be SOL if you took him to small claims. Sorry. Pull out your rental agreement and read all the fine print. Even if you've expired the terms of your lease, it typically goes to a month-to-month arrangement. Even then, 30 days notice is still required. |
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