My landlord refused to return my entire deposit last year, and only returned half. I filed in Norfolk Small Claims Court to recover the rest of the money. The court ruled in my favor, but by the time this happened, the partial check the landlord had given me was more than 6 months old and my bank wouldn't accept it. I mailed the check back to the landlord in good faith a few weeks ago via certified mail, and requested that he send me a new check for the full security amount as determined by the court, explaining that the check was outdated and could not be deposited. I just received a check from the landlord, and once again, he's only giving me half the security, claiming that I already had the first check, so this is all he owes me. He did not acknowledge that I returned the first (stale-dated) check to him weeks ago. Can someone advise me please as to how I should proceed? I no longer HAVE that first check, and even if I hadn't returned it to him, it wouldn't be cashable. So, do I just wait until the "payment review hearing" that's scheduled for September, and go through the process all over again? Or do I have the option to go directly to the landlord's bank with my judgement and request the remainder of the funds be transferred directly to my account? It's been almost a year now, and I'm at my wit's end. Any guidance is appreciated!
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The Editor, Mark Bernardin, is an attorney living in MA. Please send your suggestions or comments to: TheEditor@malawforum.com
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