| Author |
Message |
ross koller (Ross)
Intermediate Member
Username: Ross
Post Number: 1278
Registered: 3-2002
| | Posted on Friday, June 13, 2003 - 10:05 am: | |
ok. have gotten a full list of damaged goods etc. and have now figured out that i am out about $12k. so now its serious.
i think the max for small claims court is $5k. so if thats true, then i will have to pursue them through a more involved legal channel.
anybody have an idea how much this would/could cost? in other words will it be worth the money, or should i just do the small claims court option for free and at least get back $5k?
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ross koller (Ross)
Intermediate Member
Username: Ross
Post Number: 1259
Registered: 3-2002
| | Posted on Monday, June 09, 2003 - 4:09 am: | |
thanks for all the good advice !
the renter is self-employed, so no employer or paycheck to involve unfortunately.
i will be checking with my property manager about the terms in writing regarding the basement, hopefully that was done correctly.
i was wondering if any of you thought i might have recourse against the real estate agent who vetted the tenants originally, then was unable to rouse them for an answer on the lease continuation (despite being located in the same town), and now seems to be washing her hands of the whole affair.....
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Charles Barton (Airbarton)
Member
Username: Airbarton
Post Number: 567
Registered: 11-2002
| | Posted on Thursday, June 05, 2003 - 12:53 pm: | |
Peter is right. It is best to have these things documented but don,t give up just because you don't have it. Like I said this is a civil case. There will be no jury and the rules of evidence are completely different. It is totally up to the judge to decide who is telling the truth. Besides, they may not even show up in court which will get you your judgement by default. |
Ryan550 (Ryanab)
Member
Username: Ryanab
Post Number: 363
Registered: 3-2002
| | Posted on Thursday, June 05, 2003 - 12:38 pm: | |
If these people do decide to bail and move in somewhere else, chances are their next landlord will require some references. Like the last place they neglected in more ways than one.
Good luck
Ryan |
PeterS (Peters)
Member
Username: Peters
Post Number: 613
Registered: 1-2003
| | Posted on Thursday, June 05, 2003 - 12:21 pm: | |
I trust you have the sump-pump and basement storage issue in a letter form that you presented to your tennants. If not, shame on you. I have learned that with tennantes (I have two), you must deliver everything you say in a certified letter to their attention. My two tennants are great, thank God, but I still retain the services of a professional property manager just in case there are issues such as yours. If problems come up, it is up to the property manager to take care of the legal issues. Best of luck with your case. |
Charles Barton (Airbarton)
Member
Username: Airbarton
Post Number: 551
Registered: 11-2002
| | Posted on Thursday, June 05, 2003 - 10:19 am: | |
It might be your word vs thiers but it is a civil case which means it all comes down to what the judge believes is true. I agree with Terry. If I were you I would go after them. I also have had these sort of problems with tenants in a rental I have. These people need to be held accountable! |
Sean F (Agracer)
Junior Member
Username: Agracer
Post Number: 175
Registered: 2-2003
| | Posted on Thursday, June 05, 2003 - 8:57 am: | |
Did you put all the "flood stuff" in writing?
If not, they may try to counter that their stuff was damaged and you did not tell them about the flooding potential, even if you did. If it's not in writing, it's your word versus theirs. |
Terry Springer (Tspringer)
Member
Username: Tspringer
Post Number: 565
Registered: 4-2002
| | Posted on Thursday, June 05, 2003 - 7:46 am: | |
Do all of it. Get an attorney to sue them for the back rent, damages and attorney fees. File a collection account with credit bureaus. Contact new landlord if you know who it is. Contact employers about possible garnishment (you will probably need a judgement first).
Dont let them walk away. Its a pain... but they must be held accountable. |
ross koller (Ross)
Intermediate Member
Username: Ross
Post Number: 1255
Registered: 3-2002
| | Posted on Thursday, June 05, 2003 - 3:55 am: | |
in a nutshell:
i have a furnished house which i have been renting out to a couple for the last 18 months.
the property borders on some wetlands, and in heavy rain, there is some dampness (sometimes water) in the basement. this was pointed out in the original discussions, as was the new sump pump, put in place for just such events. i also warned about storing anything on the basement floor because of this.
they ignored these warnings and put some cases of wine down there, and many of our things including 2 new beds and mattresses which they did not want to use (this is not allowed in the lease terms).
then of course, there were heavy rains and the basement flooded, but even worse than usual because they had propped up one of the beds on the sump pump, such that it did not work!
the wine labels came off, much to their distress, and the beds/matresses were ruined.
some heated emails went back and forth, but we agreed to disagree. that was last year.
this year they started asking about renewing the lease. i entered into negotiations with them, and thought we had closed a deal in march. they never responded to the last message. they did not respond to phone calls, emails, letters, anything, until may 11 when they informed the agent that they would be vacating the property at the end of may (the lease runs through june 30). the property manager has gone over to check on things, now that they have departed and there are a number of items damaged, and the place has not been cleaned (as per lease terms).
i have now discovered that they missed their may payment, and i feel they are trying to walk away from their june payment as well, total loss of $9100. we have their original deposit of $3000+interest.
i am an absentee landlord, so i can't just go knock on their door.
i was thinking of taking them to small claims court; or putting a big notice in the paper that they owe me the money; or calling their next landlord to warn him; or calling their bank to let the bank manager know that he has deadbeat clients....etc.
i realize that $6k is not the end of the world, but it just burns me that these people are trying to stiff me on rent. anybody got any ideas? |