What can I do if I sued my landlord for unfair withholding of my security deposit and won but now he refuses to pay?

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What can I do if I sued my landlord for unfair withholding of my security deposit and won but now he refuses to pay?

He says he is not responsible for the money, his company is. If I garnish his wages and he still doesn’t pay or declares bankruptcy, can I write that off on my taxes?

Asked on June 11, 2015 under Real Estate Law, Wisconsin

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 8 years ago | Contributor

You write that "[h]e says that he is not responsible for the money, his company is." Is the company an LLC (limited liability company) or a corporation? If it is, and if that LLC or corporation was the actual "landlord" in this case (check your lease: was it with the LLC or corporation?) then he is right--the company, not him personally, is responsible for the securty deposit; the owner or employee or manager of an LLC or corporation is not personally responsible for the company's debts or obligations.

As to your tax question, tax planning is very complex and you are advised to consult with a CPA or other tax preparer to answer that question.


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