 What are the rules the landlord to be able to come to the house? |
| My girlfriend is renting a room less than a mile away from me we both live in Mountain House CA (95391) and the house in which she is renting has all the rooms rented out including the studio in the ... |
|
 Is it true when a realtor said that they will sell my house in 30 days or they will give me $1000 cash? |
Has anyone dealed with this type of issue before?
What's the catch?
Additional Details
It state on their ad that "He or She will sell my house in 30 days at the price I ... |
|
 How does a home equity loan work? |
| I want to add onto my home, how do I get the $$ to do so?... |
|
 Is it better to buy a crappy home in a desirable location or a nice home in a less desirable location? |
Additional Details
Sorry, I should clarify: Is it better to buy a SMALLER home in more desirable neighborhood or a BIGGER home in a less desirable neighborhood. Less desirable meaning ... |
|
 Rented property? |
| why is it private landlords or estate agent lettings do not want dss clients my opinion is with people on housing benefit you are guaranteed the rent every week on time unless you have a good job or ... |
|
 Home Buying Negotiations - Help, Please!? |
| Negotiating to purchase a home, need help to know best way to be successful. House on the market for > 7 months, originally 350k, gradually reduced to 315k. Sale due to death of spouse, and seller ... |
|
 Are we Getting a good interest rate? |
My husband & I are 1st time home buyers. The rate we've been quoted is 7.25%-
We have nothing to put down( 100% financing), our credit is good (705), 40 year loan. Is this a good rate?... |
|
 I closed on a home this evening. Can the seller tell us when we can or can not move in? |
| I closed on a home this evening. Both myself and the seller signed the closing paperwork. The seller told us that he does not want our personal belongings to be moved in until he gets his check ... |
|
 Landlords any good advise? |
| I have just became a landlord any advise from exsisting ones about potential problems and how they were ... |
|
 How long does it take to be evicted? |
| My landlord served me with papers to go to court, and i was not able to attend. I want to know how long will it take him to evict me...i have not received any eviction papers yet. How long does it ... |
|
 It took my landlord 7months to fix 2 leaks in my apt, so I stopped paying 4months ago. What should i do? |
| I stopped paying him because he told me that he thought that I was lying about the leaks. I have the money to pay him. But I guess I was not paying him from 4 months prior to him fixing the leaks ... |
|
 How do I sell my house and buy another house at the same time? |
| I own my house but I have a small equity loan against it. I'm ready to move and my house is on the market (been on the market for a month, no bids). I've found a house I want to buy. Is it ... |
|
 Can we prosecute for not disclosing flood plain information? |
| I purchased a 23 acre piece of land a month ago without the help of a real estate agent. We signed the papers and paid the money to a title company where the deed is being prepared. We have since ... |
|
 Its been 2 months since I received the notice of foreclosure.Is it too late to stop foreclosure? |
| I always have this stupid habit of doing things at the last minute.Probably thats what got me in this rut in the first place.... |
|
 Becoming a real estate agent at 18? |
| Can i become a real estate agent at 18? Maybe not as a full time job, but as a side job.LoL..thats all it is now..hehe..i am 15 now but i know alot about houses, financing the market etc..would i get ... |
|
|  |
Lauren658 | Question about my Renter and can I sue for more than deposit? |
I had a renter in my house for two years. When she moved in the house was only 5 months old. We took a deposit of 1450 plus 250 for pet deposit. She just moved out a couple days ago and the house was in horrible shape. Every single room had stains in the carpet. The MB had bleached stains in the carpet, the kids rooms has red stains, and all of the living/family rooms had either red or yellow stains. Some of the stains were even 12X12 inches. Then on top of everything she smoke in the house when the lease says no smoking. We removed all of the carpet and the smell was just horrible to we cleaned down the walls and it was still horrible so we had to paint all of the walls and ceiling. Then she left huge scratches on our beautiful countertops. The total cost for the paint, floors, and fixing the scratches is around $5000. If I were to take her to court would you think I would get anything from it or do judges usually side with the renters? Thanks! |
 |
 
Landlord
|
The judge will side with you. Bring evidence and the actual bills for the repairs.
You got off lucky, 5k is not that bad. |
|
redhairedmama75
|
You can sue for additional damages as long as you have proof. |
|
nojam75
 |
Yes, of course you can. However, you have to document that your repairs exceed all of the deposits and fees the tenant paid. You should also be prepared to document the move-in condition of the unit (photos, dated receipts, etc.). Judges are bias toward tenants in that they expect landlords to know the law and provide proper documentation, so familiarize yourself with your state's landlord tenant laws.
Depending on your state, you're still probably liable to send a final accounting to your tenant within 30-days of move-out or else the tenant can sue you.
Also, make sure you don't exceed your state's small claims limit unless you plan on hiring an attorney. |
|
Joey
|
Part of the answer would depend on what state you live in.
However if your tenant violated your lease agreement then, yes, you have the right to sue them for damages beyond the initial deposit. Smoking can do more damage to a home than most people realize. The smoke permeates latex and water based paint. If someone has a common place that they smoke you can see the area around and even the ceilings will be stained.
Stop repairing the house and get pictures as soon as possible. Make sure you get several photos of each stain and bring those with you.
Many times, sending a bill to an exited tenant along with a notice of their violation, a copy of their lease agreement with the violations highlighted and a threat to sure or send to collections will allow for a settlement that will allow you to bypass the fees and time lost of court.
Hope this helps. |
|
Gertie
|
Hopefully you took pictures of all this.
You can sue them for more since there is more damage then the deposit covers. the judge might make you depreciate the carpet by 2.5 yrs meaning you might take a slight loss. As for the countertops it's beyond normal wear and tear you can charge for it.
The painting you can charge for the stripping of the walls to remove the smoke smell you might not be able to get the fee to repaint since most states don't allow a landlord to charge for repainting if the tenant lived there for 2+ yrs.
I suggest next time you rent your place out do an inspection 6 months after they move in then go back a year later. |
|
gafpromise
|
Take photos, document everything. You can sue her for damages beyond normal wear and tear. |
|
Trouble
 |
All of what you mention is damage - not normal wear and tear - so you can hold the tenant liable.
You can only charge for the depreciated cost of the carpet replacement. If the carpet is 2 years old, you charge 5/7 of the cost to the tenant. Generally carpet is depreciated over a 7 year schedule.
Hopefully, you took pictures of the stains before ripping the carpet up.
The painting cost - a judge may allow, deny or only allow a portion of the cost to be held against the tenant. Again, you will need proof.
If the tenant used your counter tops as cutting boards and left them scratched or gouged, again that is damage. Counter tops are expected to last for a very long time, so there is little to no depreciation. Charge the tenant the full cost.
Send the tenant the Security Deposit accounting listing all of the damages in an itemized list. Make sure you send it within the time allowed per your state's laws - generally 30 days, but check.
Deduct the Security and Pet Deposits (since stains on carpet could have been pet related) from the total, showing a balance due. Demand payment by a specified date. If the tenant does not pay, file in Small Claims court.
You should be able to get a judgment against your tenant based on the evidence you provide.
|
|
estielmo
|
1 This damage did not occur in the final months of occupancy. It is the landlord's responsibility to make periodic casual inspections of the property. I use the "I'm changing the smoke detector batteries and putting in fresh furnace filters" excuse to make a cursory look-see twice a year. This can keep the tenants on their toes and let you spot possible problems.
I also make an annual fairly detailed checklist inspection to look for repair/upgrade necessities. If you do see anything address it immediately. Damage should be repaired and charged against the tenant as soon as they occur. Violations of lease clauses should be addressed firmly with written notification to remedy.
#2 You MUST get professional estimates of damages asap and notify the renters in writing within 30 days (21 in California) of how you are handling the deposit or you forfeit all rights to keep any portion of it.
List ALL the damages and the cost of repair. Provide the written estimates and photos of the damages. Tell them you are keeping the entire deposit and intend to bill them for the balance.
Once you have a full acounting of the damage send them a demand letter. Sue them in small claims court (even if the limit is less than the full damage) if they don't pay up within 30 days.
Once you win the judgement goes on the record and will follow them for years. You can then attack their paychecks, bank account, and maybe their tax refunds.
In the meantime, study #1 carefully. |
|
schwildcat1977
|
YES! If the damages are legitimately more than the deposit you can sue for that. Make sure you have all the receipts, because you will not collect anything you do not have a receipt for. If you did any of the work yourself, then you will only get back materials costs. You cannot charge for your time.
Type up a final accounting with all the receipts, subtract the deposit amount and mark what is left to be paid. |
|
lolly
|
You should expect wear and tear after 2 years. They should not have to pay so you can turn the house over for new renters. You can try to sue, but don't bank on it. And you could have tried to have those stains dyed and steamed instead of throwing out the carpet.
Why wouldn't you have to paint after 2 years of someone else living there?
The countertop scratches should be billed back. You can sue, with the attitude, I can always try. |
|
| |
|
| | |
| Questions List |
Answers | Last Post
| | | |
10 | 20 minutes(s) ago
| | | |
10 | 53 minutes(s) ago
| | | |
10 | 3 hour(s) ago
| | | |
10 | 7 hour(s) ago
| | | |
10 | 10 hour(s) ago
| | | |
10 | 1 day(s) ago
| | | |
10 | 2 day(s) ago
| | | |
10 | 1 week(s) ago
| | | |
10 | 1 month(s) ago
| | | |
10 | 4 month(s) ago
| |
|
Homepage 
Financial
Forum 
Renting & Real Estate 
No Spam
Adult 
Gambling
Unfinished
Deception
Plagiarism
Not English
