Stiffed

I answered an ad on Craigslist for an apartment (it was called a "sublet" but really it was a woman renting a room in her house.) The sublet was for a four month period. She requested first and last month’s rent for security deposit. I have no signed rental agreement, just email exchanges. I gave her a check for 00 for first months rent, and 00 for last month’s rent. We didn’t get a long and she began to intimidate me to move out before the agreed time. When I didn’t respond to her intimidation, she brought home 2 cats. This was in complete violation of our verbal agreement of no animals. The cats were rife with flees and I am very allergic to them (I have asthma).

When I objected to her introducing cats, she told me to vacate. I told her that I could not vacate on such short notice, not without my last months security deposit in anycase. She agreed (and I have this in email). She said she would give it to me on the day I had my furniture out. So, that day came and I was ready to move out (keeping my end of the agreement), but she did not show up and she did not return my security deposit.

I had to borrow money from a friend and it was very distressing and caused me to miss work as well. I did write her (email) and demanded she return my deposit or I would take her to small claims. She never did and never provided me with anything in writing stating why she was holding my deposit. Fortunately, I wrote on the check "for last month’s security deposit." And I have that with her signature.

My only concern is, she evicted me on May 3 and I moved out on May 12th. The final month of my four month rental was to be May 15 - June 15. But I only have email to corroborate my eviction…(and friends who would vouch for me because I stayed at their house.) But she is such a pathological liar and very deviant, I’m worried that she will say that *I* didn’t give *her* 30 days notice. I mean can she pretend like I was the one who left without notice (even though she evicted me) and therefore that’s why she’s keeping my last month’s rent?

In hindsight, I suppose legally I could have refused to leave, but once she introduced the cats she created a hostile environment, or one that I couldn’t stay in for health reasons. One of her cats also got into my room and clawed my airbed, basically destroying it (it completely deflated and I can’t patch all the holes). So I am also suing her for the cost of that bed.

Our court date is set for next week and I’m worried that she has something up her sleeve because why would anyone want to go through court? Why not just give me back my deposit as she promised? I have no doubt that she is capable of perjury. And since she is a very attractive woman, (and some sort of motivational speaker) she may have the upper hand with the judge.

One last thing, when I made the final demand to return my deposit (I think I made 6 altogether), she strung me along some more. She sent me email saying, Where should I send it? I gave her the address to send it. Of course, she didn’t send it, stiffed me again…(buying time I guess) just like she did when she was a no-show on my move out day.

Would really appreciate any help or insight about what I can expect in court.

Thank you!

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