My state is Nebraska, sorry this is a long one, but it is a good question of law, please bear with me.
I am currently in the process of suing my former landlord for failing to return proper amount of security deposit. I have filed my complaint, and I am waiting for his attorney to file the Answer in civil court.
I have 100% air-tight, well-documented evidence from every possible angle in which I have a slam-dunk case against him. (He didn't provide itemized receipt within 14 days even after I gave him written demand, he didn't and is refusing to show me any receipts for any of charges because I am almost positive that he didn't make any of the repairs - I have photographic evidence, and lots of other really obvious, convincing evidence that he is an asshole and knowingly and willfully withheld the deposit in bad faith....ect, the list goes on. Not worried about the evidence part.
Here's the real issue:
Myself and 4 other people have rented this large, college house for 2 years in which a $800.00 (amount of 1 month rent) deposit was placed at the beginning of the first of two 1 year terms. Upon expiration of the first term, two women moved out and two more took each woman's place and a new rental agreement (same as old one) was signed with the two new people. No exchange of security deposit money was ever brought up by landlord.
However, I am the only Plaintiff in this case and I am certain that the attorney may try to dismiss with a demur or something similar, claiming that all tenants on the lease must be listed as Plaintiff's. Honestly, the landlord's only other defense is he is too incompetent to stand trial, because he has literally admitted guilt in e-mails I have, in addition to the ridiculous amount of incriminating evidence I have against him. I can't think of any other reason for the attorney to not advise him to just settle - yes, he is that dumb.
But...important facts. Our lease agreement makes no mention of the proportion each person is responsible for and the deposit check (which I have a cashed copy of - proving landlord does have the money and the amount for which I am suing is proper) is written by me, signed by me, in my name, from my bank account, because it is my money; only me, the Plaintiff.
Additionally, when my landlord did return a pathetic and completely unfair $150.00 of the deposit, he wrote the check out to me and mailed it to my address. Also, in my termination letter of the lease and written demand of return of deposit and forwarding address, I request that the check be made to me and mailed to me.
Also, I can demonstrate that I am the main contact for the house: I always communicated with the landlord, had people pay me, then I wrote 1 rent check, all utilities were in my name...ect. I don't think he even knew the other tenants' names...seriously, I did it all.
So...DOES HE HAVE A VALID ARGUMENT?
My understanding of security deposits is that it is a person's property that is held as security for any damages. If the landlord forfeits the right to withhold damages, he must return property to the owner. Also, since the property (the money of the security deposit) can be proved and traced back to me, showing that it is legally mine, wouldn't there be an lack of consideration for the other tenants to be named as Plaintiffs since they do not have an interest in the Complaint? Additionally, I find it atrocious that the landlord would have the authority to disperse money to people it doesn't belong to.
PLEASE SOMEONE WHO HAS KNOWLEDGE OF CASE LAW (ANY STATE) OR CONTRACT LAW PLEASE PLEASE LET ME KNOW!
Or at least point me in the right direction...I like research. I have already looked at Nebraska's Landlord-Tenant laws, which don't make a mention of this, but I would like anything from any state (statutes, case law...ect) I am currently looking more into contracts/real estate law.
I APPRECIATE IT VERY MUCH, THANK YOU FOR YOUR TIME AND KNOWLEDGE!
I am currently in the process of suing my former landlord for failing to return proper amount of security deposit. I have filed my complaint, and I am waiting for his attorney to file the Answer in civil court.
I have 100% air-tight, well-documented evidence from every possible angle in which I have a slam-dunk case against him. (He didn't provide itemized receipt within 14 days even after I gave him written demand, he didn't and is refusing to show me any receipts for any of charges because I am almost positive that he didn't make any of the repairs - I have photographic evidence, and lots of other really obvious, convincing evidence that he is an asshole and knowingly and willfully withheld the deposit in bad faith....ect, the list goes on. Not worried about the evidence part.
Here's the real issue:
Myself and 4 other people have rented this large, college house for 2 years in which a $800.00 (amount of 1 month rent) deposit was placed at the beginning of the first of two 1 year terms. Upon expiration of the first term, two women moved out and two more took each woman's place and a new rental agreement (same as old one) was signed with the two new people. No exchange of security deposit money was ever brought up by landlord.
However, I am the only Plaintiff in this case and I am certain that the attorney may try to dismiss with a demur or something similar, claiming that all tenants on the lease must be listed as Plaintiff's. Honestly, the landlord's only other defense is he is too incompetent to stand trial, because he has literally admitted guilt in e-mails I have, in addition to the ridiculous amount of incriminating evidence I have against him. I can't think of any other reason for the attorney to not advise him to just settle - yes, he is that dumb.
But...important facts. Our lease agreement makes no mention of the proportion each person is responsible for and the deposit check (which I have a cashed copy of - proving landlord does have the money and the amount for which I am suing is proper) is written by me, signed by me, in my name, from my bank account, because it is my money; only me, the Plaintiff.
Additionally, when my landlord did return a pathetic and completely unfair $150.00 of the deposit, he wrote the check out to me and mailed it to my address. Also, in my termination letter of the lease and written demand of return of deposit and forwarding address, I request that the check be made to me and mailed to me.
Also, I can demonstrate that I am the main contact for the house: I always communicated with the landlord, had people pay me, then I wrote 1 rent check, all utilities were in my name...ect. I don't think he even knew the other tenants' names...seriously, I did it all.
So...DOES HE HAVE A VALID ARGUMENT?
My understanding of security deposits is that it is a person's property that is held as security for any damages. If the landlord forfeits the right to withhold damages, he must return property to the owner. Also, since the property (the money of the security deposit) can be proved and traced back to me, showing that it is legally mine, wouldn't there be an lack of consideration for the other tenants to be named as Plaintiffs since they do not have an interest in the Complaint? Additionally, I find it atrocious that the landlord would have the authority to disperse money to people it doesn't belong to.
PLEASE SOMEONE WHO HAS KNOWLEDGE OF CASE LAW (ANY STATE) OR CONTRACT LAW PLEASE PLEASE LET ME KNOW!
Or at least point me in the right direction...I like research. I have already looked at Nebraska's Landlord-Tenant laws, which don't make a mention of this, but I would like anything from any state (statutes, case law...ect) I am currently looking more into contracts/real estate law.
I APPRECIATE IT VERY MUCH, THANK YOU FOR YOUR TIME AND KNOWLEDGE!