[tooki]

Hello MacNN,

Since this community seems to collectively possess all knowledge that exists, I turn to you in my time of need.

As you may know, I just moved back to Switzerland for a while.

Anyway, as one can typically imagine, my landlord in USA is screwing me over on the security deposit. She's withheld most of it to repair things that fall clearly under normal wear and tear, so legally, she's on very shaky ground, and I'm quite certain that she'd lose if I took her to court. (I have photographic proof, and a witness, of the condition of the house upon departure.)

The issue is, how can I do that if I'm away? Can I file and ask for a court date during a particular time period, while I'm in USA visiting? Can I appoint someone else to be there in my place? Could my ex, who was also on the lease, do it, even though he didn't do the move-out?

Mind you, the amount improperly withheld was about $500, and according to MD law, any amount unlawfully withheld is to repaid in treble, so at most this is a $1500 case for small claims court.

Any ideas?

[olePigeon]

Email Len Tillem at kgoradio@lentillem.com

He's a free lawyer and probably has the best answer for you. I listen to his show all the time, he's a hoot. You can stream his show through www.kgoam810.com

You can also call him during his live radio show (M-F 12-12:45 PST) at any of the following numbers:

415-808-0810
510-808-0810
408-808-0810
650-808-0810
707-808-0810

[Captain Obvious]

if your ex lived there up until the time your lease ended but just wasn't there for the final inspection then he can file suit. it doesn't really matter that you took the photos and there's no reason your witness could not appear to verify the condition even if your ex wasn't there at the same time as they were.

[Paco500]

If it were me, I'd get a lawyer to write an intimidating letter hinting at further action if she does not pay. If that doesn't work, I'd probably forget about it. It's a lot of money, but not enough (for me) to make it worth all the hassle taking it further would entail.

I was in a similar situation with a contractor while selling my house in the states from the UK. Trying to navigate any kind of legal process from over here was difficult and painful. Even though it sucked, I stopped obsessing and moved on.

But maybe I'm lazy or don't have as finely tuned sense of justice as most.