It has been decided that our next meeting will be on Tuesday, June 1st at 8pm in Scera Park in Orem. We will be discussing The Organizational Platform of the General Union of Anarchists by the group Dielo Truda. It can be found here:
http://www.anarkismo.net/newswire.php?story_id=1000
Also, everyone try to do some research on either tenants rights or police interaction so that we can start planning a workshop around one of these two issues.
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From: Utah Legal Services' Utah Renters Handbook
ReplyDelete*Deposit Refunds*
If any part of the deposit is not refundable, it must be indicated in writing. When you move out, your landlord must return the refundable deposit or explain in writing why not. You must give the landlord a forwarding address in writing when you move out and keep a copy. You may need it if you have to go to Small Claims Court.
Your landlord can keep part or all of your deposit IF...
you owe rent;
you were responsible for damaging the property;
your lease or rental agreement stated that when you moved, money could be deducted from the deposit for cleaning or other maintenance costs;
you broke the lease and owe the landlord money.
*Notification*
If your landlord keeps a part or all of your deposit, the landlord must provide you with an itemized list of any deductions made. The landlord must send this list and any remaining deposit money to you within 30 days of your moving out or 15 days after receiving a forwarding address, whichever is later.
*Collecting Your Refundable Deposit In Small Claims Court*
After you move out, if your landlord fails to refund the refundable portion of your deposit within 30 days or fails to provide you with an itemized list of deductions, you may sue the landlord or manager for the deposit plus a $100 penalty in Small Claims Court. You do not need an attorney to file in Small Claims Court. You can file by simply going to the nearest justice or district court. Addresses are in the telephone book under County or State.
The clerk of the court will help you fill out the necessary papers. If you cannot afford the filing fee, ask the clerk for an affidavit to allow you to file for free. Ask the clerk how to get the papers served on your landlord. If the landlord is not served with the papers, the trial will be postponed. The clerk will tell you the date of your trial. Try to go watch a case before that.
On the day of the trial, arrive at the courthouse early and check with the clerk to find out in which courtroom your trial will take place. The judge will announce your case and ask if everyone is ready. If you have any questions, ask them then. You will take an oath swearing to tell the truth. Tell your story the best you can and present your evidence and witnesses. After the landlord has taken oath and told their side of the story, the judge will make a decision called a judgement which will indicate how much is owing to whom. Either person can appeal within 10 days and get a NEW trial. The clerk of the court can assist you in collecting your judgement by explaining execution and garnishment procedures. Ask for help.
http://www.utcourts.gov/howto/landlord/
ReplyDelete