Last Tuesday, Andrew Hayakawa appeared in court to sue his landlord, Rob Kinnon, for $765 in order to recover his never-returned security deposit. Kinnon did not appear in the Troy Small Claims Court as summoned, which led the court to enter the default judgment for Hayakawa for the full $765.
The dispute arose when Kinnon failed to return the security deposits by June 30, the promised date. Mary Lam, roommate of Hayakawa, sent Kinnon a letter and a response was never received.
“I think he underestimated us,” said Hayakawa. “He challenged us to take action, thinking we were just a bunch of students.” Hayakawa recalled that Kinnon once dared him to sue. After he never received payment and Kinnon gave him the “run around,” Hayakawa talked to a lawyer to see what his options were.
After discussing the options, Hayakawa filed a claim in Small Claims Court. “I didn’t need a lawyer,” Hayakawa said. After paying a $15 filing fee, a court date was set and Kinnon was notified of the impending claim against him.
Lam, Hayakawa’s roommate, said she heard that Kinnon was planning to move to Mexico. Hayakawa had not seen Kinnon since the end of April. Hayakawa was still a bit surprised that Kinnon did not show up to defend himself, though.
Hayakawa said that since Kinnon did not appear, “I didn’t have to show any proof.” Hayakawa now has 30 days to collect payment from Kinnon. If he is unable to do so, another court date will be set to determine the status of the case.
Though this is the first legal matter Hayakawa has pursued against his landlord, he has a laundry list of complaints about the status of his apartment at 40 State St. Hayakawa and Kinnon’s relationship got off to a rocky start when Kinnon showed up five hours late to give Hayakawa the key to the apartment.
Hayakawa went on, stating that the heat was never turned on until mid-November. After a window was shattered, no action was taken by Kinnon. He also said that hot water disappeared for two weeks, and the ceiling bathroom tiles were left opened. After detailing his experience to the Rensselaer Union Off Campus Housing department, Kinnon was taken off their listing as a landlord, according to Hayakawa.
Hayakawa recommends that “students don’t let a landlord take advantage of you … Before you rent, get feedback from previous tenants and sign the contract in person.” As for the current situation, Hayakawa sighs, “Once it’s done, I’ll be happy.”
Rob Kinnon did not return a phone call for comment.
