John,

#1 - Judges are ELECTED. They need votes. Renters seldom vote but all LLs do. Get your assoc to talk to the judge about how he can help keep housing costs down in his community, and keep things fair for the people who DO pay their rent and respect the property.

#2 - What does your lease say about tampons? About resident caused damage? About how rent continues even during malfunctions

My lease is clear: on all these subjects BECAUSE I have been burned in court like you!

-specifically lists tampons as a non-flushable

-resident responsible for damages caused by his/her negligence and that of others, invited or uninvited (had a case of 2 single men in a house, clogged by tampons...girlfriends!!)

-malfunctions happen but the rent continues. (they are still using the home, storing items there, etc.)

BTW WHO called the inspector??!! to complain about the clog?

BRAD

Another thought: When I got hit with "uninhabitable" for a rent reduction, I asked where they slept during that time. They replied AT HOME. I told the judge my official testimony was they resident continued to use the home so I deserve full rent.

Might also add the agency continued to pay the rent.

And how this happened months ago and the resident was fine with it until being evicted.

Show the sewer guy's bill showing the date it was cleared and usable, even tho the code guy did not come back right away.

When I go to court I don't go to win...I go to annihilate! I have enough evidence to bury them and have thought thru as many counter arguments as possible. Seems the more I prepare the less likely they are to say a word.

A solid strong lease is the start.

BRAD

John,

Since you have a chance to present your case:

-Wanna be right or rich? I ALWAYS work to settle before the hearing. Take ANYTHING REASONABLE because it may be better than what the judge rules. Plus, chances are slim you'll ever see a penny anyway. Don't argue about a few dollars. Find what they want and be willing to compromise.

To negotiate I show them the ugly evidence I have against them. "Do you really want the judge to see this? Let's you and I work this out instead a total stranger in a black robe deciding the fate of your family."

"I have a $200 bill for your tampons in the sewer and you want $200 off the rent. Let's just call it even." You'll be better off than what the judge rules.

Write it out, have him sign it. At the last few National Conventions I passed out my form for this.

I also have enverything I want to say to the judge typed and printed. I hand it to him with the photos because sometimes I forget to say something. If you gave it to the judge it is official evidence.

BRAD

Here's our lease clause regarding plumbing, FWIW:

The drain addendum taped inside each unit kitchen cabinet --> Dear Tenant, Upon signing of the lease /rental agreement you were issued the the keys to the premises and are the sole occupants. You took possession of a clean, well kept residential rental, with clean floors, walls, and fully functional utilities. While in possession you are responsible for maintaining the dwelling, kitchen and bathrooms, including free flowing drainage of all sinks tubs and showers.

Cotton swabs (Q-Tips®)

Cotton balls

Dental floss .

Fats, oils, grease

Facial tissue (Kleenex, Puffs, etc)

Food scraps

Unwanted cooking oil, cleaners, and the like should not be emptied down your drains.

Chemicals - Photo chemicals, paints, thinners, oils, varnishes, pesticides, used motor oil, unwanted cooking oil should never be flushed down a toilet nor put into any other building drains.

Clothing articles

Baby wiping products

Dead pets

Cigarette butts

Coffee grounds .

Dirt (such as from people who clean their flower pots in the bath tub should never be flushed down a building drain)

Drugs, prescription or non-prescription medicines

Condoms

Hair - Animal or human hair combings

Disposable diapers

Paper towels

Tampons, (wrapping them in toilet tissue and placing them in a garbage receptacle)

Any paper products with synthetic fiber reinforcements

The above mentioned products are known to create drain blockages and the owner will not be held responsible for drain cleaning if any blockage is found to contain these or other components that are not compatible with the drain system. Drainage clogs are the responsibility of the lessee and under no circumstances will the landlord incur charges for plumbing services requested or required as a result of abuse, mistreatment, or negligent practices resulting in the loss of function of any of the water based utilities.

What NE says - IF the judge awards any money back from you (and it's not a 'wash' but you would technically be "paying" her money) I would state that SHE doesn't pay the rent so if anything, the money would be returned to the agency that paid it (bring it up in COURT in front of the judge and ask them). My experience with this is that the tenant does NOT receive any money back if they don't actually pay the rent. Also, typically, the agency won't take it back either but you can try.

Stay your ground on the issues. I don't know where you are but it seems that you are fighting a losing battle. I NEVER do electrical work in a property if there is a tenant occupying (I am not an electrician by trade). If it's simple/stupid that may be one thing but this is an example/reason why.

In certain areas / cities you have to be a registered electrician to do ANYTHING on your properties. They can fine you for not being or using a registeterd electrician.

Stick to the facts and have all of the proof that supports what you are stating. Also - be very prepared for whatever they will come up with since they just want to make it look as though you are always in the wrong and "this is why I am not and will not pay judge". I had one years back that complained that I did not fix the roof that was leaking in the middle of the winter. This was in June timeframe. I had my complete file and just said "judge, this has nothing to do with what occurred in February - we are here for June. However, if you would like to see the bill for removing the ice jam on the roof in February, here it is. You will notice that on this paper it shows that the tenant called me on such a such date indicating that the back room that is not a living area since it is a walkway from the garage to the house which is just enclosed, and the date that the contractor went over and cleared the ice is the same date."

Listen; I hate to sound like the worst tenant but even if I lost this case I'd be hard pressed to actually fork over any money to this tenant.

I've taken a few tenants to court over damages left to rental properties after move out...and won. Did they "willingly" pay what they owed? Of course not.

In one case I was able to "scare" a tenant into paying (in installments over six months) by writing letters to her saying I was keeping the judge informed as to whether or not she was following the court order. Of course I never did this but she didn't know it.

In another instance I was able to do a bank garnishment because I had the smarts to keep a record of not only where the tenant banked but her account and routing number. Unfortunately, since a good percentage of her funds came from social security I was able to collect only about 1/10th of the judgment; just over what it cost in filing fees and a bit more.

If I lost a case would I willingly pay what I thought was an unjust decision? Nope.

Great Action/NC, the first 6 pages of my lease are NC standard. Then I have several addendums that just expand on the standard clauses.

This is part of my "Utilities" Addendum, which spells out exactly what utilities are provided and how, including water, power, sewer, entertainment and information services (internet) and trash service.

For sure get an addendum that ALL of the tenants sign going forward. This should be a list as above along with anything else that you can come up with that could be in a drain. Include items that "can harden such as concrete mix, paint" and be VERY CLEAR that if any of this is found that the monies to repair/fix/replace will be billed to the tenants as "added rent".

Here is my list that I have my tenants sign at lease signing:

Please be advised that nothing should be disposed of in the toilets or any other drains that are not considered human waste. Below is a list of items but not limited to this list, which should never be disposed of in a toilet or other drain for any reason:

• Tampons (including the wrappers)

• Diapers

• Paper towels

• Trial size hair spray bottle

• Panty liners

• Applicators (feminine product type)

• Toilet wipes

• Cotton swabs

• Q-tips

• Condoms

• Any feminine product

• Toys (any size)

• Animals (this includes fish, mice or any other type)

• Cigarette butts

• Tissue paper, note paper, card board

• Pens, pencils, erasers

• Stones, pebbles, dirt or any item that can harden (i.e. concrete mix)

• Cooking oils, grease or candle wax

• Food of any kind (regardless of size)

• Any non human waste product

To reiterate: DO NOT flush or dispose of anything other than human waste down the toilets or any other drains in or on the property as this can cause sewage backup and will not be tolerated. As per your lease, the charges of the cleanup efforts may be billed to you as “added rent”. In addition to this, please inform any of the other occupants of your apartment including guests, if you feel it is necessary. As per your lease, you are responsible for their actions as well.

Thank you WMH. I am still interested in having a strong lease. Knowing that I can have a the standard NC lease and add strong addendums to cover for certain situations helps me a lot.

My property manager wants to stick to the standard NC lease but he is open to addendums. I know I am supposed to be in charge but I am new at this.

I remember getting the call two Thanksgiving back........that the garbage disposal wasn't working. It was clogged with potato peelings from the Thanksgiving meal prep.

Just a note: I have watched judges throw out ADDENDUS in court.

No need to call it an addendum, just add those pages to the lease with a signature page at the end.

Weak leases give up control.

I went to court today and the legal aid attorney for my tenant was very well prepared. Even though he never saw what he was talking about for the tenant, he continued to spew misinformation to the judge. First thing was he had a copy of the notes the dispatcher writes when people called in complaints. He began reading one that sewage and cockroaches were seen coming out of the rear of the building. I had to clarify for the judge that, that was he dispatchers input of the complaint from a caller, not code enforcements observation.

Then he went on to say tn they thought they were entitled to $240 for 8 days of the building being unfit. Then the legal aid attorney went on to list that the property had failed more than 50 inspections. The code enforcement computer system automatically writes fail if no inspection is done indicating either work in progress or pass for any outstanding violations. I had to bring that up that they did not come out for inspections that many times.

Then the legal aid attorney claimed they were entitled to half rent for May since they had to run extension cords to the upstairs to power the downstairs. I indicated it was just the livingroom that was effected. I didn't realize it, but my electrician told me afterwards that the circuit in question was just one outlet, not the whole room.

The tenant could barely control herself at times and claimed their were mice, rats and racoons in the house, in the walls, basement etc. I said they weren't in the house, and mentioned having to take out the tenants garbage, and clean up around her garbage cans. The tenant mentioned holes in the floor and walls from the animals, and I mentioned all the rooms had holes thanks to her children, and that the place was spotless when she moved in. The court room laughed at the tenant when I described having to take her garbage out.

John,

Congrats on court! Sounds like you got off easy!

I don't know your court's system but why is there no date to vacate after 2 hearings?

BRAD

Too quick...

I ask because I learn from stories like yours.

And thanks for the kind words!

Too quick...

I ask because I learn from stories like yours.

And thanks for the kind words!

Too quick...

I ask because I learn from stories like yours.

And thanks for the kind words!

John,

I'm with Frank on this. She and her free attorney now feel empowered. They won this court case because they got the judge to reduce the amount and she still gets to stay.

This will only get worse. Time for her to go before this gets bigger and nastier.

If you go back to court and the judge rules for you to return to any money at the next hearing, that will go on your credit report as a judgment against you, lowering your credit score.

addenduMs

Good to know I'm keeping up with the times – mid-16th century!