Security Deposit Can I take Public School District to Sm Claims

MickieJ

New Member
Jurisdiction
Montana
As a teacher in a small MT community, housing was made available, with rents deducted from pay checks. The school district had a house, that I shared with another single teacher. I arrived a week after she moved in to first floor and I took basement. I was not given an agreement or checklist, but deposit was deducted from pay checks. I married in spring and husband moved in. After first year she moved out, and we had the whole house. I was given an agreement, but no checklist. At end of the second year, we decided to move away. I gave written 30 day notice, with rents paid through 5/31/15. We moved out on 5/22/15. Two school reps showed up to do a walk through while we were busy, and said they would return later.
Heard nothing more from school district until I called 4 weeks later and was told nothing was being refunded. I emailed, asking for letter of explanation and received list of charges amounting to $4 more than deposit of $1,700. Ridiculous charges...house was cleaned, carpets cleaned (except for 1), vinyl flooring cleaned, in better shape than when I moved in. After checking MT code and their rental agreement, I feel they didn't give checkin list, nor did they give checkout list, and no notice of possible problems (48 hrs to correct). Sent 2 demand letters, 30 days apart, certified, return receipt with no reply or contact.
Is it possible to take the school to small claims? Since they are 'state agency' (public school), does it have special procedures?
 
As a teacher in a small MT community, housing was made available, with rents deducted from pay checks. The school district had a house, that I shared with another single teacher. I arrived a week after she moved in to first floor and I took basement. I was not given an agreement or checklist, but deposit was deducted from pay checks. I married in spring and husband moved in. After first year she moved out, and we had the whole house. I was given an agreement, but no checklist. At end of the second year, we decided to move away. I gave written 30 day notice, with rents paid through 5/31/15. We moved out on 5/22/15. Two school reps showed up to do a walk through while we were busy, and said they would return later.
Heard nothing more from school district until I called 4 weeks later and was told nothing was being refunded. I emailed, asking for letter of explanation and received list of charges amounting to $4 more than deposit of $1,700. Ridiculous charges...house was cleaned, carpets cleaned (except for 1), vinyl flooring cleaned, in better shape than when I moved in. After checking MT code and their rental agreement, I feel they didn't give checkin list, nor did they give checkout list, and no notice of possible problems (48 hrs to correct). Sent 2 demand letters, 30 days apart, certified, return receipt with no reply or contact.
Is it possible to take the school to small claims? Since they are 'state agency' (public school), does it have special procedures?


You can try to take the school district to court.
The general principle of law here is that the to sue the King, the King must give you permission.

Small Claims Court - Montana Department of Justice

You can Google "small claims YOUR COUNTY, MY" for more specifics on how it works in YOUR county.

If you have moved to another county, or out of state, you must sue the school district in the county where it is located.

Good luck.
 
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