Anyone here who have successfully filed a small claim on their landlord?

I would like to chat with someone who had to file a small claim against their landlord and won. I am in a situation where I may have to do the same and I wanted to see if there was someone here who has some experience in this because all of this is making me super anxious. I cannot afford a lawyer and I have contacted just about every free, non profit resources and they either cannot help me, or do not answer the phone. I really need some advice here but I would much rather talk privately 1 on 1 with someone and just ask some questions. So please someone dm me

Edit: I understand that this is probably not the best place to ask for legal advice but I am getting desperate. I am in a shitty situation and small claim seems to be the only choice I am left with and if that is the case, I want to know all what to expect.

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Ontheroad · M

First things first. You need to do a thorough search of your city, county, and state tenant-landlord laws. Once you have done that and can determine you have a case, then you can go forward.

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CriticalGamer · 31-35, F

@Ontheroad Yes I already have done that and it matches the lease agreement. I know that I have a case, I just wanted to really make sure this was my last option.

Ontheroad · M

@CriticalGamer Send a letter, return receipt requested, to the landlord. Be clear about why you are contemplating a small claims filing and lay out the facts and law.

Be clear and concise and offer a settlement, followed by a statement that you will, if no settlement can be reached, file a claim.

Give them a respond by date, and if they fail to respond or refuse a settlement, file your claim.

If this is a large company, then you'll likely end up in small claims court. If it is a private person renting out a space/apt. etc., then you have a chance at settlement.

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NativePortlander1970

@Ontheroad Never let them know ahead of time you're threatening to sue, they could make up an excuse to evict.

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CriticalGamer · 31-35, F

@NativePortlander1970 Eh I agree and disagree. Although I see your point, most of the time, they know or think most people are bluffing because it is true, most people are in fact bluffing and say it out of a moment in anger. I have said I am contemplating on an email but never confirmed that I was. I did not receive a response though. I highly doubt it. Many places hear the word "sue" like a dozen times a day probably. Unless you show them screen shots or viable proof to make them believe that, I do not think they would waste time and resources to prepare until or unless they knew for a fact that it was happening. I do see your point though don't get me wrong, it is possible but just not likely

Ontheroad · M

@NativePortlander1970 I hear you, but if you have your ducks in a row, add a false eviction to the small claims filing.

CriticalGamer · 31-35, F

@Ontheroad I sent you a dm, please check

NativePortlander1970

@CriticalGamer I'm giving you the same advice my step sister gave me 23 1/2 years ago when I wanted to tell my own landlord at the time I was going to sue and with hold rent if he didn't repair the hole in my ceiling that fell in from rain damage, she told me under no circumstances should I give him such an ultimatum.

CriticalGamer · 31-35, F

@NativePortlander1970 I know I didn't go into specifics but I am dealing with a completely different situation