 I am going to court to evict my tenants for the first time this week. Any advice? |
| My tenants have failed to pay the previous two months rent. I've given all the proper notice and made sure to consult with some real estate attorneys, but in PA the eviction takes place in small ... |
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 Landlord SLOW to deposit our rent check?? |
| I just moved into a nice new apt and everything seems alright so far. Our landlord still hasn't cashed our second months rent check and it is the 12th already. Cause for concern?... |
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 I have taken a deposit to secure a room to rent do i need to pay back deposit if she has changed her mind? |
| I asked the girl to consider carefully before giving me a deposit to secure the room of £220,as I had to ask another tennant to leave. She has not moved in as she now says the fridge is too small !! ... |
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 When you are looking for a home to buy, do you prefer to view it empty or furnished? |
Additional Details
I would much rather see it empty, as you have all said so far, so you can see better what is there. I think buying extra stuff to stage it is silly-- as in that hgtv ... |
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 I have just bought a house and got a letter from my mortgage lender..? |
i dont understand if i have too make two payments or one.
this is what the bank wrote:
Your first months mortgage payment will be 957.30. Please send us a cheque for this amount ... |
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 Will I be able to purchase my first home? |
| I just got married and I am 25 years old and $25,000 in credit card debt with $25,000 in student loans. My husband is 23 years old and declared bankruptcy 2 years ago. He has no debt but will also ... |
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 Should we buy home with asbestos?? |
| My mom wants to buy a home built in 1920's. it's a beautiful victorian home - thing is, the basement is covered with asbestos on the wood ceiling. is this dangerous? should we buy the home? ... |
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 I live in Arizona, but want to buy a property in Texas? |
| Since property is out of control and over priced I having to look out of state. Anyways here is the problem, I'm self - employed and want to buy out of state. Do I need to talk to banks/brokers ... |
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 Can I get a mortgage without credit or any employment records if I have a $60 000 downpayment? |
I'm a stay at home mom who just inherited $60 000, is that enough to get a motgage?
Additional Details
my husband works full-time but gets paid in ... |
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 Advice please from landlords? |
| I have been renting a property out for 4 months. I reluctantly went to a letting agent to find a tenant after being messed around a lot. A family on benefits with 3 children (1 on the way) is ... |
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 Instead of selling our house, we considered the option of renting it out, Would a month to month lease be wise |
| Because of the economy, and the requirements for potential buyers to obtain loans, we've decided to rent out our house instead of selling it right away. We've had a few that are interested ... |
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 I need to know if people can still get squatters rights, if you find an abandoned house and just move in.? |
| In the state of Washington. I know that years and years ago people could have squatters rights but I was wondering about it in todays economy.... |
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 Can a judgement be collected on a person that is deceased? |
| If a creditor goes to the judical court and a judgement is granted to them(this was 13 years ago), and it states "active", what happens now. My grandmother died 10 months ago. will this ... |
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 No pets allowed!! that really sux!? |
me and my bf are going to move in together, and i really wanna a kitty!! and he really wants a puppy!!
but we are not allowed, the landlord does not let us.. most of the rental properties dont ... |
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 Can an apartment complex charge me for a chimney cleaning fee? i was never told this before moving in...? |
| got a notice on my front door that read i would b charged $80 for the apartments to clean the chimney.... |
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| How many months rent can a landlord reasonably demand as a security deposit? |
| I am currently unemployed and have not held a job for the past 5 years (I was on disability) and I'm being asked by prospective landlords to supply upwards to a year's rent as a security ... |
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Fighter Pilot | Tenants want deposit back, threatening to sue/harassing me, house was badly damaged, what do I do? |
Upon inspection, 2 month-to-month tenants left house in bad shape and want their deposit back!
We did not charge for wear and tear, etc. only what the lease said--maintain yard, clean house professionally when you leave, remove trash, no unprofessional painting by tenants
Heres the damage:
8-10, 2 inch holes in sheetrock from tenant shelf, bad self-painting jobs in 2 rooms, deeply scratched hardwoods in 3 rooms, bags of trash outside (they cancelled trash service so it was $50 for the city to take it), a garage filled with their unwanted items, dead lawn and no mowing, extremely dirty bathrooms (we had the place professionally cleaned before their move-in), 2 doors damaged from pet scratching and other dog damage, white paint splatters on new deck, etc.
in addition, they painted 2 other rooms mid-lease and asked if we would repaint them when one roommate left (we did as a courtesy).
Now they want their dep. back, even though we gave back 1/3 of it-too much! I have pics. of ALL |
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Ragdoll Kitty
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We have been to small claims court on several ocassions, although each time it was us that filed the claim for damages or in one case lack of payment for 1/2 the fuel oil (we own a duplex & split the oil). In each case we won.
Be prepared with pictures, a list of damages and costs. Your labor doesn't count unfortunately, but outside labor, such as a professional cleaner, or someone to repair those holes DOES. In one case we had to replace a door, which my husband installed, but the cost of the door & the stain was deductable.
Provided you have been a reasonable landlord (and it sound like you are), judges are sympathetic. In one case the ex-tenant argued the he didn't pay for oil because we were charging him the "going rate". We'd given him the option to prepare (he appeared interested), but didn't have the cash, so we put it on our credit card to give him another month and he STILL didn't pay. So we paid the whole thing and charged him the going rate as the oil was delivered, which is what we would have paid had we done the same. (Our oil company would put the rate on the slip each time we had a delivery). It is in the contract that each pays 1/2 of the fuel oil and "prepayment is an option". The judge lambasted him and ordered him to pay.
Good luck - we've had some great tenants and we've had some beauts! You should be fine as long as you have your documentation together. |
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-Tequila9+
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Give them an itemized list of the repairs and costs to you by them vacating. And unless they take you to court, you are following the law.
BTW: The burden of proof is on them. If they take you to court they have to prove their allegations which are that they deserve their deposit back. YOU have the pictures and the receipts for the costs so you are quite likely to have a favorable verdict. The fact that you gave them some money back may or may not benefit you, however in a countersuit I wouldn't look to win anything back.
Peace. |
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mmorganloans
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Did you do a walk-through prior to them moving in? If you have a signed agreement from your tenants stating that all was well before they moved in, they have no case. The whole point of a move-in/walk-through inspection is to determine any damages, if any, that were there from the previous tenants or long term damages.
As long as you have the move-in/walk-through inspection dated and signed by your tenants you will have no problem proving that they caused extensive damage to your property, during the time that they resided there. Keep all pictures and receipts of the cost it takes/took you to fix the property.
If you do not have a signed and dated move-in inspection from your tenants prior to them moving in, it will be your word against theirs. And if that is the case you may lose.
Contact the HUD, Housing Urban Development, and the Tenants Union in your are to get more info. Information as your right as a landlord and info on tenants rights. |
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Gaspode
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If the cost of repairs is more than the deposit, take them to small claims court. |
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acid tongue
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take pictures of the damage, and wish them good luck |
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underwaterangel
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I watch alot of judge judy!! Keep pictures and dates and have an estimate done of all damage and let them sue you... then countersue for damages done to property!!! |
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Lynn
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I would take them to court or countersue. If you have pictures, you have proof. There is no way they should get their deposit back. I would countersue for damages.
good luck |
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guehnwyvare_of_atlantica
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Ok - In most states, you are required to provide an itemized list of what costs are coming out of their deposit for what reason. Provide pictures in the report. That is all you are required to do. They can try to sue all they want, but they cannot if you have pictures backing it up. |
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Paula M
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Most states require the landlord to provide a written disposition of the deposit w/in a short period of time after the tenant leaves.
As long you met your legal obligation (14 days/30 days/whatever your state provides), the tenant has no recourse.....HOWEVER, if you missed your deadline and the tenant is aware of this law, the judge may have no choice but to award "double damages to the tenant". Make sure you followed the deposit rules.
Laws favor the tenant, but only if the landlord screws up. |
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lostbabydoll4u
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Did they , abandan place, or did you evictic them? Eather way if they caused damages and that you have proof ( pictures are the best of before and after of what the place looks like. If the damages are more then the deposit of the place you have the right to sue the tentant for the remander of the damages that need to be paid for. Keep a record of what, who said and when they said it on log. You should have sent them a itemized listing to the tenant stating what was damaged and what it cost you and what they had as a deposit for the place and what the differnece is for what they owe you. If you have done this and certified mailed them a copy of your findings and all. You can then send them a second copy stating they have 7 days to comply to your request for payment. If no reply can take them to small claims court ( as long as it is not over 4000.00 in the state of WA) ( need to check on your courts systems to that in your own state) for your claim on what they owe you. If they do not show they lose and you will get what you want and if you have a great judge might get more for the harrassment, filing fees, your postage and your labor fees. Time is money. |
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kingstubborn
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Document your damages, both in pictures and expert quotes when possible, receipts.
They can complain all they want, maybe even take you to court, but unless a judge sides with them, they can WANT all they like, what they deserve is another matter.
I assume you properly and timely notified them of the damages. |
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brian2007
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Go to http://judgejudy.com and file your case at the site. Then let them get fried in her TV courtroom. Make sure you keep all the photos of the damages as well as the estimates of the repair costs at hand. I'm sure Judge Judy will make a fool out of the troublesome ex-tenants of yours! |
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