Can I force the person that I subletted an apartment from to return my security deposit if he has agreed via email to return it?

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Can I force the person that I subletted an apartment from to return my security deposit if he has agreed via email to return it?

My security deposit has not been returned from the person I subleased from the past summer. Our agreement was independent of the apartment landlord. At the end of the summer he agreed to return $150. We have since been in contact, but he has yet to send payment despite his promise. Correspondence has been entirely through email; nothing is in writing. Can I sue to get my money back? In what court? Would it require a lawyer? If I lost, could I possibly owe more money or could he countersue? I am especially worried because he is a law student.

Asked on February 15, 2011 under Real Estate Law, North Carolina

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 13 years ago | Contributor

If you had an agreement by which he would return a certain amount of money to you and he has not done so, you may sue to enforce that agreement. However, it may not be worth doing so. For $150, the only way it would make any sense is in small claims court. You'd still have some filing fee (usually around $25 - $45, depending on the court) and you'd represent yourself--meaning you'd have to take time out from work, studies, etc. to do this. If your agreement is not in writing, proving it could be difficult--though email does count as writing, as long as you've retained the emails. No legal action is every 100% certain. Thus, you could be spending $25-$45 plus your time for a change--possibly a good chance, but still not a guarantee--of recovering $150.

As long as your case is not frivalous--which it does appear to be--you would not owe him any money if you lost, unless he asserts some sort of counterclaim (e.g. for additional damages to the apartment) against you and wins on them.


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