When I sold Mabuhay Restaurant in October 2018, I was expecting to get my security deposit reimbursed to me. But the landlord said, “You should not expect any dime back because you owe me more than the amount of the security deposit.” That’s when I decided to take the matter to the court. The process took a little more than a year. Here’s what happened.
The complaint was taken to the Small Claims Court. The goal: To retrieve at least $3,150 out of the $12,000 security deposit. I initiated the process which made me the “Plaintiff” and my land lord the “Defendant”. During the filing of the claims, the court clerk asked me how I wanted the summon served; certified mail- which is cheaper, or the more expensive way via the Sheriff. I chose the cheaper option.
I appeared at the court on the designated date but the Judge told me that the summon was not served. The case is to be continued. Apparently, the Defendant ignored the Post Office notices that a certified mail needs to be picked up from the post office. Somehow, he evaded the mail being delivered to him at home. Unlike regular mail, a certified mail requires a signature for it to be delivered and no one was home to receive and sign the delivery. I doubted that the Defendant would initiate going to the post office to get the mail knowing what it was- a court summon. Therefore, I had to resort to the other option- the Sheriff serving the court documents.
The summon was served with a new court date set. Finally, after 9 months of waiting, the Defendant and I appeared before the Judge. The Judge asked both of us if we could settle the issue between us. I said I was willing but my landlord refused. He said he would file a counter suit. The Judge then set a trial date which is today November 19, three months after our first hearing.
Before the trial date, theJudge ordered us to produce our evidences and those documents must be mailed to each of us by November 5.
I received the counter suit documents in early November. I was shocked to see his long list of complaints and claims. He argued that I abandoned my lease and therefore I nullified my security deposit. If that is really the case my $12,000 is gone! He then proceeded to mention other claims with receipts as proof. He’s now petitioning the court to make me pay. Hers the list of his claims:
Grease trap cleaning-$1,500
Replacement of a broken door-$1,500
Fines from the village office for code violations 2 incidents $500 each or a total of $1,000
Repair of faulty electrical connections $1,850
Repair of circuit box and receptacles- $685
Fines for late rental payment alleging that I was late most of the time $100/ month. Total $2,500
Removal of Mabuhay Restaurant Signage $350
Unpaid rent $8,500
Cleanup and Dumpster rental- $1,350
All of the above totals $19,185
If I fail to sufficiently answer all these allegations I will end up paying the landlord thousands of dollar, an amount of money I don’t have!
“Dear Lord, please help me!” I prayed.
To be continued on “myDay in Court Pt2”
myJOURNEY 