 settle with tenants (by Laura [MA]) Nov 19, 2013 10:12 AM
 settle with tenants (by S i d [MO]) Nov 19, 2013 10:54 AM
settle with tenants (by Laura [MA]) Nov 19, 2013 11:25 AM
settle with tenants (by Gail [MO]) Nov 19, 2013 12:10 PM
settle with tenants (by Mike45 [NV]) Nov 19, 2013 1:09 PM
settle with tenants (by BRAD 20,000 [IN]) Nov 21, 2013 7:34 AM
settle with tenants (by Kyle [IN]) Nov 21, 2013 9:51 AM
settle with tenants (by Laura [MA]) Posted on: Nov 19, 2013 10:12 AM
Message:
State Specific Question About: MASSACHUSETTS (MA)
I have roommate tenants who caused 6 k in damages I kept their deposit, one is threatening to sue, if i settle with him for a portion of the deposit to avoid out of state small claims court for me. Can the other 4 sue me later as well? --128.223.xx.xx |
settle with tenants (by S i d [MO]) Posted on: Nov 19, 2013 10:54 AM
Message:
Yes, the can sue you.
What's the story here? Did you fail to follow proper security deposit accounting according to your state law? If not (i.e. you followed the law) what are their grounds for suing you? If you can prove you followed the law, they can still sue, but they will lose.
I can sue you because your name is Laura, but I won't win any money judgments... (grins) --108.250.xxx.xxx |
settle with tenants (by Laura [MA]) Posted on: Nov 19, 2013 11:25 AM
Message:
I did follow the law (sending listing of damages, with invoices, quotes, cancelled checks from repairs, pictures)within the 30 days i did not print the words "under penalty of perjury" when I signed this statement, an attorney said this technically could mean i didnt comply I live on the west coast and would have to travel east to deal with a small claims case. Massachusetts law favors tenants always and its ridiculous for landlords, I would rather pay one 300 and not have to deal with it, but if the other 4 are going to do the same it's not worth it. What are their chances of collecting from me if I dont show up for court and reside out of state and refuse to pay? The real issue is that these "kids" dont understand joint tenancy and responsibility for damages they just point at each other. I've gotten a nasty letter from one and have yet to hear from the others. 2 refused to give forwarding addresses it's been a nightmare. --128.223.xx.xx |
settle with tenants (by Gail [MO]) Posted on: Nov 19, 2013 12:10 PM
Message:
Don't budge an inch. The odds are likely that these kids are bluffing and won't take you to court. And if they try to hire an attorney, most of the attorneys will want a retainer.
Stand your ground, and charge all of them the same, unless several of them point the finger at the same kid. Then tell them that if they want their money back, they must go to court and sue the culprit themselves. --75.121.xx.xxx |
settle with tenants (by Mike45 [NV]) Posted on: Nov 19, 2013 1:09 PM
Message:
You asked an important question here: "What are their chances of collecting from me if I dont show up for court and reside out of state and refuse to pay?"
First off, I do NOT know MA Small Claims law. Can you, a non-MA resident, be sued in Small Claims Court? And can you be served out of state? I know that in CA, you generally cannot serve someone out of state in Small Claims Court. But in NV, if the person is doing business in NV, you can sue that person in NV Small Claims and serve them in their state.
So, can you be sued successfully in MA?
If so, can you submit your testimony in written form, so that you don't have to travel to MA for the hearing? Because if you do not at least submit your written testimony, you will lose and a judgement will be entered against you!
That judgment can be enforced against your MA real estate, if you have any equity. Think about your MA rental property being sold at auction over a $400 judgment!!!
--184.6.xxx.xxx |
settle with tenants (by BRAD 20,000 [IN]) Posted on: Nov 21, 2013 7:34 AM
Message:
Laura, If this helps, I work to make my deposit settlement photos and descriptions so obvious and overwhelming that no atty would represent them.
Have YOU sued them for the balance owed?
The best defense is a good offense. --67.175.xx.xxx |
settle with tenants (by Kyle [IN]) Posted on: Nov 21, 2013 9:51 AM
Message:
Check into the procedural items Mie45 mentioned. If they do get a judgment, they can collect against your real estate or possibly domesticate their judgment to your state and pursue you there. If you decide to settle, settle with all of them, in writing. If they haven't actually filed a case yet, I would hold off on any settlement offers. Most times people will threaten to sue, but never take any legal action. --50.129.xx.xxx |
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