Tenant sued me (by Clarise [IN]) Nov 22, 2013 12:18 PM
Tenant sued me (by Mike45 [NV]) Nov 22, 2013 12:29 PM
Tenant sued me (by Clarise [IN]) Nov 22, 2013 12:33 PM
Tenant sued me (by V [OH]) Nov 22, 2013 12:33 PM
Tenant sued me (by Clarise [IN]) Nov 22, 2013 12:43 PM
Tenant sued me (by BillS [CO]) Nov 22, 2013 12:49 PM
Tenant sued me (by S i d [MO]) Nov 22, 2013 12:53 PM
Tenant sued me (by Laura [MD]) Nov 22, 2013 1:02 PM
Tenant sued me (by Pattyk [MO]) Nov 22, 2013 1:07 PM
Tenant sued me (by DIXIE [KS]) Nov 22, 2013 1:31 PM
Tenant sued me (by RB [MI]) Nov 22, 2013 2:42 PM
Tenant sued me (by Dan [MN]) Nov 22, 2013 2:52 PM
Tenant sued me (by Clarise [IN]) Nov 22, 2013 3:07 PM
Tenant sued me (by BRAD 20,000 [IN]) Nov 22, 2013 9:08 PM
Tenant sued me (by RentsDue [MA]) Nov 23, 2013 11:15 AM
Tenant sued me (by Chris [CA]) Nov 23, 2013 2:55 PM
Tenant sued me (by shawn [NY]) Nov 25, 2013 2:30 PM
Tenant sued me (by Clarise [IN]) Posted on: Nov 22, 2013 12:18 PM Message:
State Specific Question About: INDIANA (IN)
I had two unmarried tenants the woman having two children (grammar school age) for two years. The pre lease walk through, lawyer made up the lease) first, last and security were paid (and cleared the bank). I had run both of their credit reports and background checks and although the report came in lower than I usually require (by 100 points). I then had direct contact with their companies confirming their salary and expected time of employment. They did pay on time over all (with a few late, didn't charge them) When they advised me they would be moving out, they had another Landlord call me with the usual questions. I replied that "At this time I have no reason to think they would (the tenant) not leave the property in as good condition as they found it.
Came the time for the post walk through, I called and emailed them of the time and date, as specified in the lease to remind them. They never showed up. When I arrived, I found a huge bleach spost plus numerous spots that could not be removed, throughout the townhome, two drapery rods had been pulled out of the wall and hanging down,In addition the place was filthy, and they had spackeled everywhere they had put up wall hangings without my permission.
Needless to say, I had to replace the carpeting, paint just about the whole place, plus hire a professional cleaning service! I took picture that night, had a couple of carpeting, painting and cleaning places to get estimates.
In order to rent the place, I had the repairs done to a cost of $3,250.00. to do all of it for a 2000sq. foot town home. I kept the pictures, receipts and sent them the Landlord Tenant Closing Statement and sent copies of it all to what their new address is.
I then had a close relative who passed away and had to travel to the funeral and take care of the legalities down there. I was thinking of just forgetting about the money they still owed (1,750.) as I was under extreme duress.
Returned home and found a summons suing me for the deposit back. Anyhow, I contacted my lawyer. and he said that it would cost me much more if I counter sued them. Eventually it was settled out of court, and I had to pay them 750.00 (half of the security). And my attorney told me that the male tenant lawyers fees were being paid by his employer, so he had nothing to lose!
I'm wondering if I should call their current Landlord and advise them of the condition they left my place in. Funny thing is I still have emails from each of them stating what a great Landlord I had been and telling me if I needed a recommendation for future tenants, not to hesitate to let them know. This rental business is ruthless!
--108.203.xx.xxx |
Tenant sued me (by Mike45 [NV]) Posted on: Nov 22, 2013 12:29 PM Message:
I'm sorry that the economic realities forced you to settle with these pigs. It is so galling to give in, but I know how expensive it is to defend yourself from false claims, especially when the other side is getting free legal help.
I would not notify the current LL -- what for? Why risk further litigation with these people (for defamation) when it is too late to help your fellow LL -- they are already in his place!
--184.6.xxx.xxx |
Tenant sued me (by Clarise [IN]) Posted on: Nov 22, 2013 12:33 PM Message:
Yes, you're right! Just feeling so very stupid! Wish I could though! Thanks --108.203.xx.xxx |
Tenant sued me (by V [OH]) Posted on: Nov 22, 2013 12:33 PM Message:
You should have gone inside sometime during the tenancy to discover the damages you describe now, hopefully the move-in pictures will show good condition on everything in comparison to the move-out so the judge will be able to stand with you. It is always good to visit housing court to get a deeper understanding of what rules are strict and which ones are relaxed, here we pay 350-400 for both court actions - you need an eviction service lawyer who knows your court well. --75.94.xxx.xxx |
Tenant sued me (by Clarise [IN]) Posted on: Nov 22, 2013 12:43 PM Message:
I had been to the place several times, didn't see the bleach stain as it was covered by a coffee table, the place looked orderly although I smell it, they had used air freshner, and the walls weren't apparent until they moved out! They're just scum and after taking all the precautions necessary! What can one do, remove all furniture and check the whole place out??? Couldn't do that until they were out! I'm going to sell that one now and the rest one at a time. Market is a bit better, but I'll still lose. Too bad my husband is passed. --108.203.xx.xxx |
Tenant sued me (by BillS [CO]) Posted on: Nov 22, 2013 12:49 PM Message:
Water under the bridge. Let go and move on. Nothing good comes from chasing after folks even if they deserve it. Now you know how the handle it in the future. Consider it education tuition via school of hard knocks. --75.160.xxx.xxx |
Tenant sued me (by S i d [MO]) Posted on: Nov 22, 2013 12:53 PM Message:
Another great example of why quarterly maintenance inspections are a MUST for every land lord. Find damages early, repair, and bill immediately rather than trying to resolve during move-out.
Curious, why did you and your lawyer give up and settle outside of court? Did you do something wrong? It sounds to me like you had all your ducks in a row to beat these goobers. Why was a counter-suit necessary? Could you not have just defended yourself in court with your pictures and receipts? For less than $750, I'm pretty sure my lawyer (whom I describe as the legal equivalent of a pit-bull) could have sent these bozos packing with their tails between their legs. But anyway...
Maybe best just to let it go. Crack open a cold adult beverage (or ice cream works); it's Happy Friday! --108.250.xxx.xxx |
Tenant sued me (by Laura [MD]) Posted on: Nov 22, 2013 1:02 PM Message:
And this is why I ALWAYS sue my tenants when the repairs are greater than the security deposit. If you do not return the security deposit tenants always want to sue you. When you serve them court papers they want nothing to do with the court system. They either agree to a payment plan (make a payment or 2 then disappear) or do not show up for the court date. --173.66.xx.xxx |
Tenant sued me (by Pattyk [MO]) Posted on: Nov 22, 2013 1:07 PM Message:
sorry to read about your husband, thanks for posting your experience and story. No i don't think you should call their current landlord.
good point Laura --184.215.xxx.xx |
Tenant sued me (by DIXIE [KS]) Posted on: Nov 22, 2013 1:31 PM Message:
Not sure why your attorney told you it would cost more than worth filing counter claim. These cases are usually in Small Claims Court and an attorney CANNOT represent anyone there.
If the $$ amount exceeded the "limits" allowed by Small Claim Court, then it goes to "Civil Court", and an attorney CAN be used.
However, you can represent yourself and if you are well documented, you could win -- with or without an attorney. Just show the judge the "facts" and he decides, not the attorney.
One thing I learned a long time ago --- I can read just as well as any attorney. And I can read the same law he reads. I don't let attorneys EVER scare me!!
BTW A few years ago, I got a call from a relative that was having trouble getting his deposit back. He wanted advice from me on what to do because he knew I was very knowledgeable on the Landlord laws. And he was an ATTORNEY!!!! I thought that was so funny! --70.195.x.xx |
Tenant sued me (by RB [MI]) Posted on: Nov 22, 2013 2:42 PM Message:
What Landlord College did you attend ? --24.236.xxx.xx |
Tenant sued me (by Dan [MN]) Posted on: Nov 22, 2013 2:52 PM Message:
"I'm wondering if I should call their current Landlord and advise them of the condition they left my place in."
I would let it go. You're only going to risk winding up in trouble if you proactively spread the word about this former tenant. Take the higher road and move on to greener pastures. Also, see if you can learn something from the experience so you can avoid winding up with someone like this. It may not be possible, but worth taking a look at your process. --69.67.xx.xxx |
Tenant sued me (by Clarise [IN]) Posted on: Nov 22, 2013 3:07 PM Message:
RB (Michigan)....I guess the school of hard knocks!! And you??... Jerk! --108.203.xx.xxx |
Tenant sued me (by BRAD 20,000 [IN]) Posted on: Nov 22, 2013 9:08 PM Message:
Clarise,
I think RB was making a "School of Hard Knocks" comment that did translate well.
Sounds like you did things correctly. Get rid of that atty.
I forget where you are, but our association BartholomewLandlords. com teaches court processes.
On January 11 our judge is our guest speaker. Last year he taught for 2 hours on how to present your case in court.
Current LL? Me: I would call him. Stick to the facts. There lawsuit against you is public record. I would show him the pictures and let him decide if they are valuable info. --67.175.xx.xxx |
Tenant sued me (by RentsDue [MA]) Posted on: Nov 23, 2013 11:15 AM Message:
If it's any consolation- even when my cleanest tenants move out I end up repainting the entire place to make it flawless for showings. I handled an eviction on my own because the lawyer fee was insane. They might have been all talk and probably would not have showed up. I would tell them to bring on the court either way because then their name will show up every time they look for a new apartment. As a LL, I don't care if they were being sued by the LL or suing the LL...they are not getting keys. No reward for bad behavior. --24.177.xxx.xx |
Tenant sued me (by Chris [CA]) Posted on: Nov 23, 2013 2:55 PM Message:
This is upsetting - I hear you. Which court was this in? Should have been SCC. there you can, no MUST represent yourself! with photos and all, maybe a witness testifying to the house's prior condition, should have done the trick.
You can do legal stuff without an attorney, you know?
Start networking with fellow LLs.
Glad to hear you got the screening sorted out!
But I cannot see them going to Superior Court over a thousand bucks. What was going on?!? --1.4.xxx.xxx |
Tenant sued me (by shawn [NY]) Posted on: Nov 25, 2013 2:30 PM Message:
sorry to hear yr troubles. The stains they left, reminded me of a poster that said he went to check on the condition of an apt. , and the tenant had a girl friend who pretended to be passed out on the rug. She was covering up a big stain on the rug! Hope u got a chuckle --69.118.x.xxx |
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