emorgan0831
New Member
Hello everyone. My husband and I are new to the site and have found ourselves in a perdicament we never could of imagined. First let me say my husband is military, and we have done all we can do with the JAG lawyer at this time.
In Oct. of 2007 my husband and I moved into a townhome. At the time the lease was signed we paid our securtiy deposit of $1200.00. We were told to do the walk through on our own and to e-mail the walk through that we did on our own to their realtor. We were never given a recipet for the security deposit that was given to them. We compelted the walk through and e-mailed it as asked.
In Feb. or this year, 2009, we moved out because we had a second child and the townhome was just not large enough for our growing family. We told them 3 months in advance that we were moving out. They were fine with were happy for us about the baby and finding a new house that was larger for our family. As it got down to the wire, I was starting to recieve nasty e-mails about how the house needed to be exteremly clean and so on and so fourth.
This brings me back to the walk through. When we did the walk through we found a large stain under the ligth switch in the master bedroom, the oven was digusting, there was appliances left in the kitchen and the bathroom, they left a bed in the guestroom, a chest freezer in the kitchen, and a tredmill in the dinning room area. We didn't say anything about this at all. We are pretty easy going, and they seemed liked exteremly nice people...at the time. When I found out I was pregnant, we nicely asked them what we should do with the bed, treadmill, and freezer as we didn't have room for them with a baby comming. They came and picked it all up. As they were moving the freezer they made a HUGE gash in the linolium on the kitchen floor.
Around the end of Jan. 2009, they had a realtor come and do a walk through of the home as they decided they wanted to put it on the market. Mind you, I had just had a baby, I had a 4 year old, I contracted MRSA from the hospital, and we were starting to pack to move. She said I needed to get a storage unit until we moved. I looked at her and said, " We don't have the money for that. We are in the middle of moving, I have a brand new baby *he was 2 weeks*, a 4 year old, and MRSA. I am not getting a storage unit.". She rolled her eyes and went on her way. The end of Feb. she came with the landlords wife to do a walk through. She said we could NOT be there and that they needed the home to themselves for 3 hours. So I pack up my kids and go to my friends house for 5 hours. I asked her to please email me with an concerns they had for what they thought needed to be fixed, when they wanted to meet for a walk through, and what I should do about the keys. I never heard anything. Our lease was up Feb 28. I heard from them Feb 26. to leave the keys on the counter. I said what about the walk out inspection? Never heard a word. March 4th we got a HUGE package in the mail stating they were keeping our security deposit, and wanted us to replace two doors, the backyard fence, and all the carpet in the house. They also said that they were upset that we patched the walls. In the lease it stated we had to patch any holes we left. We even patched holes they left from their entertainment center that they are trying to say are ours!! We didn't have an entertainment center!!!! The next day after recieving this package we went right to the military JAG lawyer. She couldn't stop laughing. It all was dumb. When they came the last few days in Feb. when we were activly in the middle of moving, they took photos of my home. The place looked like a bomb went off...I wonder why!!! We were MOVING!!!!! They were complaing about a black tint to the carpet IN FRONT OF THE FRONT DOOR! Hello!!! Normal wear and tear...am I not supposed to walk in the house?! The JAG lawyer couldn't stop laughing. She asked us if we had proof that they put our security deposit into and escrow account. We said no. According to MD law, they are supposed to provide us with a reciept. So, in the letter she wrote them she asked for that proof. 3 weeks went by and we never heard anything. Back to JAG we went. She sent the letter a second time!!! 3 weeks went by nothing. Today, I get in the mail a generic letter from an attorney in Baltimore stating they know about our lawsuit and want to help us. My husband and I were like what?! We haven't been served papers. So, I logged onto the District Court of MD website and sure enough on May1 they filed a lawsuit against us for $4000.00 plus court fees, interest, and lawyers fees. The court website said the summons paperworks was done May14. It is the 23rd and we haven't recieved anything.
I guess we have a few questions:
1. What should we do from here?
2. If they have a lawyer should we get one to even though it is small claims court?
3. Should we try to get mediation first even though it didn't work with JAG?
4. Is there a posibility that they are just trying to scare us and won't send out the summons?
5. We are leaving for a 2week trip to FL tommrow ,Sunday, what happens if they try to delievery the papers and we are not here and don't recieve them?
6. What do we do once we get the papers if we want to counter act what they are saying and counter suit them for our security deposit back?
7. The MD law says they have to provide a recipet to us that it is in an escrow account, if they can't do that what happens?
8. The court website says our court date is July 13, if we get the papers and counter act does that change it?
9. The put the lawsuit in my name and I wasn't even on the lease my husband was! I also can't go to court as I have two small kids and won't be in town, can I get Power of Attorney for my husband to go in my behalf?
Thank you so much!!!
In Oct. of 2007 my husband and I moved into a townhome. At the time the lease was signed we paid our securtiy deposit of $1200.00. We were told to do the walk through on our own and to e-mail the walk through that we did on our own to their realtor. We were never given a recipet for the security deposit that was given to them. We compelted the walk through and e-mailed it as asked.
In Feb. or this year, 2009, we moved out because we had a second child and the townhome was just not large enough for our growing family. We told them 3 months in advance that we were moving out. They were fine with were happy for us about the baby and finding a new house that was larger for our family. As it got down to the wire, I was starting to recieve nasty e-mails about how the house needed to be exteremly clean and so on and so fourth.
This brings me back to the walk through. When we did the walk through we found a large stain under the ligth switch in the master bedroom, the oven was digusting, there was appliances left in the kitchen and the bathroom, they left a bed in the guestroom, a chest freezer in the kitchen, and a tredmill in the dinning room area. We didn't say anything about this at all. We are pretty easy going, and they seemed liked exteremly nice people...at the time. When I found out I was pregnant, we nicely asked them what we should do with the bed, treadmill, and freezer as we didn't have room for them with a baby comming. They came and picked it all up. As they were moving the freezer they made a HUGE gash in the linolium on the kitchen floor.
Around the end of Jan. 2009, they had a realtor come and do a walk through of the home as they decided they wanted to put it on the market. Mind you, I had just had a baby, I had a 4 year old, I contracted MRSA from the hospital, and we were starting to pack to move. She said I needed to get a storage unit until we moved. I looked at her and said, " We don't have the money for that. We are in the middle of moving, I have a brand new baby *he was 2 weeks*, a 4 year old, and MRSA. I am not getting a storage unit.". She rolled her eyes and went on her way. The end of Feb. she came with the landlords wife to do a walk through. She said we could NOT be there and that they needed the home to themselves for 3 hours. So I pack up my kids and go to my friends house for 5 hours. I asked her to please email me with an concerns they had for what they thought needed to be fixed, when they wanted to meet for a walk through, and what I should do about the keys. I never heard anything. Our lease was up Feb 28. I heard from them Feb 26. to leave the keys on the counter. I said what about the walk out inspection? Never heard a word. March 4th we got a HUGE package in the mail stating they were keeping our security deposit, and wanted us to replace two doors, the backyard fence, and all the carpet in the house. They also said that they were upset that we patched the walls. In the lease it stated we had to patch any holes we left. We even patched holes they left from their entertainment center that they are trying to say are ours!! We didn't have an entertainment center!!!! The next day after recieving this package we went right to the military JAG lawyer. She couldn't stop laughing. It all was dumb. When they came the last few days in Feb. when we were activly in the middle of moving, they took photos of my home. The place looked like a bomb went off...I wonder why!!! We were MOVING!!!!! They were complaing about a black tint to the carpet IN FRONT OF THE FRONT DOOR! Hello!!! Normal wear and tear...am I not supposed to walk in the house?! The JAG lawyer couldn't stop laughing. She asked us if we had proof that they put our security deposit into and escrow account. We said no. According to MD law, they are supposed to provide us with a reciept. So, in the letter she wrote them she asked for that proof. 3 weeks went by and we never heard anything. Back to JAG we went. She sent the letter a second time!!! 3 weeks went by nothing. Today, I get in the mail a generic letter from an attorney in Baltimore stating they know about our lawsuit and want to help us. My husband and I were like what?! We haven't been served papers. So, I logged onto the District Court of MD website and sure enough on May1 they filed a lawsuit against us for $4000.00 plus court fees, interest, and lawyers fees. The court website said the summons paperworks was done May14. It is the 23rd and we haven't recieved anything.
I guess we have a few questions:
1. What should we do from here?
2. If they have a lawyer should we get one to even though it is small claims court?
3. Should we try to get mediation first even though it didn't work with JAG?
4. Is there a posibility that they are just trying to scare us and won't send out the summons?
5. We are leaving for a 2week trip to FL tommrow ,Sunday, what happens if they try to delievery the papers and we are not here and don't recieve them?
6. What do we do once we get the papers if we want to counter act what they are saying and counter suit them for our security deposit back?
7. The MD law says they have to provide a recipet to us that it is in an escrow account, if they can't do that what happens?
8. The court website says our court date is July 13, if we get the papers and counter act does that change it?
9. The put the lawsuit in my name and I wasn't even on the lease my husband was! I also can't go to court as I have two small kids and won't be in town, can I get Power of Attorney for my husband to go in my behalf?
Thank you so much!!!
