landlord harassment and security deposit issue - Hawaii

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cdemott

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Aloha-
I was renting a room from a person with a lot of issues. When I tried to discuss issues she would yell at me. When I finally gave her my month notice she cried and flipped out. Her behavior became hostile. She began coming into my room and yelling at me, calling me names, awful things. This happened for 3 days. I found a place to stay for a few days and I brought someone to the house to be there when I got some things. She came in my room and began yelling at me again and my boyfriend closed the door on her. She pounded on it, screaming. I decided to get as much out as I could. She continued to yell and threaten that she would make my name "dirt" in the community. I am a teacher in a small community and it is important that I am respected. She called me demanding the keys the next day - which would have been the day I would have paid rent (prorated) for the rest of the month. I have a recording of her on my phone demanding the keys on this day.

That is the background. I gave her the keys and she refused to give me my deposit saying I owed her for the rest of the month. I sent her legal letters and ultimately filed with small claims court. She countered with rediculous accusations about damages (we had a verbal lease and I had cleaned and painted when I moved in with no walk through) She offered to settle for half of what she owes me.

LL came to my school, she has kids in the lower school, and found me in the upper school locker area where I was on duty. She began yelling at me and I told her she needed to go to the office and then just walked away to the office. She called my Head Master. I found out today that she spoke with a board member about me and he came to my principal. I believe she is slandering me to my employer.

I offered her one last opportunity to settle out of court on the condition that she sign an apology that states she will no longer discuss this issue with me at school or with anyone affiliated with my employment.

I'm at a loss now. Will her harassment influence the court proceedings in my favor? She claims that we just had a minor misunderstanding and that I over reacted. I have a witness to some of her abuse, which was really awful. She even came into my room to yell at me when I was getting ready for school!

I guess I'm looking for some legal advice. I have been researching quite a bit and have documentation. I just don't know what I can ask for when I go into court. Are there damages I can get? Can the court make her sign an apology?

Thank you!
 
The purpose of small claims court is to address monetary issues; in this case did your landlord do an illegal eviction by demanding your keys back and does she have a right to your security deposit because of this.

When you filled out the forms to have her sued, what did you put down as the reason for this filing? If it was the issue of getting your security deposit back, that is what will be addressed at the hearing. If the issue of being harrassed and slandered at your place of employment to the point where you wish financial compensation for pain and suffering from all of this was also included then this should also be addressed at the hearing. Be aware of the monetary limits to small claims court in your state.

It's unlikely the judge can make her sign a letter of apology but I've sat in enough court hearings to know that judges often make it a point to give strong lectures to those who are guilty of such things.

Gail
 
Thanks Gail,
Today my LL sent a letter denying everything and offering $300 and saying she would sign something that indicated she would not bother me anymore but she would sign it "out of duress". I looked it up and obviously can't take it. She says I am threatening her.

Question - Is telling her that I am going to court (which she has already been served) and that I will report her to the Hawaii Real Estate Commission a threat? If we do not settle this outside of court, I am going to do those things.

I feel that it is important for the school, and school board to know the outcome of this. She brought the board into it. She said she would sign it under duress if nobody was made aware of it. I don't feel comfortable with that.

At this point, I have a lot of documentation that indicates she terminated the lease and witnesses to her harassment. I have letters that show my attempts at compromising and solving this out of court.

She owes me over $450 and I was willing to take $300 to get it over with but only if she accepted responsibility. Am I being unreasonable to not accept her $300 offer and her demands to not accept responsibility? This is a small community and their opinion of me is important.

Thanks
 
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