The court process can be difficult or easy depending on how well you prepare yourself before the hearing. The courtroom and court process can be intimidating. The more you prepare yourself and organize what you want to say, the easier it will be. It is essential to organize what you have to say and the evidence you wish to show the judge. By thinking ahead, you'll be in a better position to present the your case. Remember, the judges are under pressure to process cases quickly, and you can help yourself by being well-prepared. The following are several tips you can do to help you become organized.
A. Make a list of facts and points you must prove. Then list how you could prove these to the judge. Organize your documents in the order your plan on proving them.
If you have several pieces of evidence, make sure you put them in order and can find them quickly when you are in a courtroom setting. Be aware that the judge may jump in at any time and start askign questions.
The following list shows common problems in a security deposit dispute and lists how you could prove them. Remember, this list is not tailored for your case. There may be some headings that do not apply to you. Use it as a guideline and think of additional examples specific to your case.
1. I don't owe any back rent. I paid all applicable rent.
Show all rent receipts, canceled checks, and your rental agreement.
2. When I left the dwelling, I left it in the same or better condition than when I moved in. The dwelling is clean and rentable.
Show dated photos of your rental property when you checked out. Bring a witness to vouch for the cleanliness of the property.
3. I left a forwarding address.
Show a dated copy of the form or letter you used to give your landlord a forwarding address.
4. The damage the landlord is speaking of is normal wear and tear, and not negligence or abuse.
Bring a witness to testify as to the cleanliness of the apartment, and/or a witness who saw the apartment before or right as you moved in. Show dated photos of your rental property when you moved in and when you moved out. Prove how the condition of the property was due to normal use, as opposed to abnormal use.
Show copies of accurate Check-in and Check-out lists if you have them. Bring in certified documentation on how old the building is from the city and county buildng department
5. I paid my security deposit.
Show canceled check for security deposit. Show receipt for your security deposit.
6. I gave the landlord sufficient advance notice of my termination date.
Show the dated copy of the termination letter you sent to your landlord. If you are on a month-to-month, your landlord must have been sent a notice at least 28 days before you move out. If you are on a lease, your move out date is stipulated in the agreement. If you break your lease, your notice may not be legally sufficient.
Remember, if you moved out before your lease expired, your landlord may counter-sue you for any unpaid rent you may owe by leaving early.
If you moved out because of a health or safety threat, bring copies of correspondence showing you tried to get your landlord to remedy the problem. Or bring witnesses or doctor's reports to verify it was a valid medical condition.
7. The damages in the property were the result of the landlord's negligence in repairing items within the property.
Show a copy of the letter you sent to the landlord to get the condition repaired (i.e. a letter to fix a leaky window pane, which damaged the carpet underneath).
8. I returned the keys.
Bring a witness who saw you return the keys or a statement signed by the landlord stating he/she received the keys from when you vacated.
9. The landlord was served 48 hours notice before the court date.
Show the return receipt from the mail or show the evidence of the Return of Service.
B. Think of what your landlord would say. What are his/her points against you? Think of how you can best defend yourself against these arguments.
The following are examples to help you think of what a landlord might say. It is not tailored for your case, so use it as an example.
1. Your landlord could argue that there were damages.
The paint on the wall was dull and darkened. The kitchen chairs have holes in them. The drapes were ripped. I had to get everything redone and buy new chairs and drapes.
Possible way to respond:
Hawaii law states that the landlord is responsible for normal wear and tear. The difference between wear and damage is that wear related to normal use and damage to beyond normal use. There were no scratches, holes, paint splatters, and other evidence of abnormal use. The dullness and darkness occured over time, under normal use, and thus should be considered wear and tear. The chairs and drapes were old and thin to begin with, so under normal use they became so worn that they finally showed their age. Collect any witnesses that can verify this.
2. The landlord could argue that you owe money for number of days it took your landlord to clean the apartment after you moved out.
Because I had to repaint the entire apartment, it took 14 days to get the apartment ready for a new tenant. Under the lease, it clearly states that I can charge for the number of days it takes to get the apartment in a fit and rentable condition.
Possible way to respond:
Because the dullness and darkness was due to ordinary wear and tear, I shouldn't have to pay for either the cost to repaint or the time it took to repaint the dwelling.
AND/OR
The 14 days rent was not included in the original accounting given to me. Because it is after the 14 day period he is allotted, I cannot be held responsible for those charges.
AND/OR
Most of the 14 days it took to repaint the property was spent looking for a painter and buying paint. I should only be responsible for the actual painting time. At most, to paint the interior of a one bedroom apartment, it should only take 2 days. I should only be responsible for paying 2 days rent.
3. The landlord could argue for repayment on the basis of the Check-In and Out Lists.
I have a check-in and check-out inspection. There is a noticeable difference between the two. I have receipts for all the cleaning and repair bills that I have incurred. I am owed the full amount of these receipts.
Possible way to respond:
I have the same check-in report, and I have a check out inspection signed by a disinterested third party. This check out inspection is more trustworthy becaues the third party would not have the bias of either me or the landlord. Note there is a very little difference between the originial check-in inspection and the unbiased check out inspection. What difference there is can be attributed to ordinary wear and tear. Thus the cleaning and repair receipts were incurred by the landlord purely for his undeserved benefit. Not only is he trying to force me to pay for the wear and tear by completely renovating the apartment, but he is also trying to force me to pay for items that are not damaged and do not need cleaning.
In summary, be prepared to prove your side of the case, as well as, be prepared to respond to the other side's arguments.
C. Sit through a Small Claims Court hearing session before the date of your hearing
This will give you first-hand information about the way small claims cases are handled and will let you know what to expect when you go.
D. On the date of your hearing, schedule enough time to get to court
E. Understand the courtroom. Present your case calmly and briefly
When the judge is ready to hear your case, the clerk will call the names of all the plaintiffs and defendants in the case. You and the other party and witnesses should then go forward to the table in front of the judge. Judges will usually ask the plaintiff to tell his/her side first, and then the defendant. Some judges may begin the hearing by asking questions of each party to learn more about the facts or to cover the areas the judge knows are important.
Usually, you'll only have a few minutes to explain your side, so present the most important points first. You can use your written outline. Be sure to have all your evidence and important documents with you. Tell the judge you have them and ask the clerk or court officer to give them to the judge.
Be brief in making your points. It is helpful to be objective and unemotional. Answer the judge's questions honestly and thoroughly. If you don't understand the question, ask the judge politely to explain what he/she means.
When the judge is asking the other side to explain, don't interrupt or argue, even if you disagree. Later the judge will give you time to reply.
If you win, ask the judge to award you court costs. Keept receipts to show for you filing fees and service fees.