Pine Barrens Mafia Posted June 26, 2017 Posted June 26, 2017 So, as of last march, I moved out of an apartment. On the last day of the lease, landlady and her realtor came and did a walkthrough with me and she gave me the entirety of my security deposit back. A month later, she calls me asking for money for damage they found to the apartment later. I refused, saying the lease was done and she completed the walkthrough. Now, she is taking me to small claims court for the TOTAL amount of my security deposit and her legal fees. Has she got a leg to stand on? Anyone here a RE lawyer?
ExiledInIllinois Posted June 26, 2017 Posted June 26, 2017 So, as of last march, I moved out of an apartment. On the last day of the lease, landlady and her realtor came and did a walkthrough with me and she gave me the entirety of my security deposit back. A month later, she calls me asking for money for damage they found to the apartment later. I refused, saying the lease was done and she completed the walkthrough. Now, she is taking me to small claims court for the TOTAL amount of my security deposit and her legal fees. Has she got a leg to stand on? Anyone here a RE lawyer? "She a-howlin' about the front rent, She'll be lucky to get any back rent She ain't gonna get none of it!" I stayed on the Group W bench one time. I say shiv that mofo landlady! Stop in a local bar. You know what to order! Well, that's a mess. Yes... SERIOUSLY! JSP... Whatever you do: SHOW UP IN COURT! Do not let her get a default judgement. They can be vacated, but harder. Did she serve YOU. What are your state, county service procedures? Try to get it tossed first on improper service? Fast way to get her to fold, most likley withOUT prejudice, but she will have to pay another court fee to serve you again? Keep on costing her $$ & always show. Got a minor in the house that take the service, the sheriff serving doesn't care who the hand it off to, as long as it is out of their hands! How much we talking???
Pine Barrens Mafia Posted June 26, 2017 Author Posted June 26, 2017 "She a-howlin' about the front rent, She'll be lucky to get any back rent She ain't gonna get none of it!" I stayed on the Group W bench one time. I say shiv that mofo landlady! Stop in a local bar. You know what to order! Yes... SERIOUSLY! JSP... Whatever you do: SHOW UP IN COURT! Do not let her get a default judgement. They can be vacated, but harder. Did she serve YOU. What are your state, county service procedures? Try to get it tossed first on improper service? Fast way to get her to fold, most likley withOUT prejudice, but she will have to pay another court fee to serve you again? Keep on costing her $$ & always show. Got a minor in the house that take the service, the sheriff serving doesn't care who the hand it off to, as long as it is out of their hands! How much we talking??? About $2500. Don't worry, I've already told the court I was showing, and I'm going to show and fight it. I just want to know if she has any kind of case. To me, the rent was fully paid, the walkthrough completed and the security deposit returned. Our business should have been concluded. But who knows?
ExiledInIllinois Posted June 26, 2017 Posted June 26, 2017 Or... I went to the you know who (don't want to get too PPP) school of lawyering! ;-) ;-) Again... Don't blow it off and let her get a default. Always stand tall. Should go to a hearing first. Then if can't settle, trial. Let it progress and stick to your guns. Nothing to be scared of! Unless you know you owe her. ;-) To me... Sounds like she is on the hook. Make her pay procedurally if you can. Is your time $$$, if not, wear her down. Again... Group Dubya bench and Holiday Inn Express for me! ;-) About $2500. Don't worry, I've already told the court I was showing, and I'm going to show and fight it. I just want to know if she has any kind of case. To me, the rent was fully paid, the walkthrough completed and the security deposit returned. Our business should have been concluded. But who knows? Ooo... That's a chunk. Ouch! Good luck! Most likely depends on state law.
4merper4mer Posted June 26, 2017 Posted June 26, 2017 So, as of last march, I moved out of an apartment. On the last day of the lease, landlady and her realtor came and did a walkthrough with me and she gave me the entirety of my security deposit back. A month later, she calls me asking for money for damage they found to the apartment later. I refused, saying the lease was done and she completed the walkthrough. Now, she is taking me to small claims court for the TOTAL amount of my security deposit and her legal fees. Has she got a leg to stand on? Anyone here a RE lawyer? Did all of that crap happen when you were planning on moving to San Diego?
teef Posted June 26, 2017 Posted June 26, 2017 she did the walk through and signed off on it. who is to say that the damages occurred after you left the apt, or when someone was trying to make repairs and botched something. Not to mention a month went by. something seems off. i'm not an attorney, but unless something specific was written in the lease, I don't think they can do much to you...or at least i wouldn't hope so.
SlimShady'sSpaceForce Posted June 26, 2017 Posted June 26, 2017 So, as of last march, I moved out of an apartment. On the last day of the lease, landlady and her realtor came and did a walkthrough with me and she gave me the entirety of my security deposit back. A month later, she calls me asking for money for damage they found to the apartment later. I refused, saying the lease was done and she completed the walkthrough. Now, she is taking me to small claims court for the TOTAL amount of my security deposit and her legal fees. Has she got a leg to stand on? Anyone here a RE lawyer? Do you have a copy of the signed walkthtough? (obviously indicating all is well) Case Closed if you do.
Pine Barrens Mafia Posted June 26, 2017 Author Posted June 26, 2017 Do you have a copy of the signed walkthtough? (obviously indicating all is well) Case Closed if you do. There was none, only the check for the security deposit.
teef Posted June 26, 2017 Posted June 26, 2017 There was none, only the check for the security deposit. did you ask what had happened during the months time?
Pine Barrens Mafia Posted June 26, 2017 Author Posted June 26, 2017 did you ask what had happened during the months time? Nope, i just flatly refused.
PolishDave Posted June 26, 2017 Posted June 26, 2017 So, as of last march, I moved out of an apartment. On the last day of the lease, landlady and her realtor came and did a walkthrough with me and she gave me the entirety of my security deposit back. A month later, she calls me asking for money for damage they found to the apartment later. I refused, saying the lease was done and she completed the walkthrough. Now, she is taking me to small claims court for the TOTAL amount of my security deposit and her legal fees. Has she got a leg to stand on? Anyone here a RE lawyer? What is the nature of the damage she is claiming you at fault for?
SlimShady'sSpaceForce Posted June 26, 2017 Posted June 26, 2017 There was none, only the check for the security deposit. its a he said she said then Always get a copy of the signed walk through ALWAYS
Just Jack Posted June 26, 2017 Posted June 26, 2017 When I moved out last year, I was given a copy of the walk through showing what was "damaged" and how much was coming out of my security deposit. I'm surprised you did not get a copy of yours. How much was she asking before taking you to court? Also, consider calling your local bar association and see what advice they can give you. I've used mine a while ago when I needed to break a lease early and the landlord refused.
Pine Barrens Mafia Posted June 26, 2017 Author Posted June 26, 2017 What is the nature of the damage she is claiming you at fault for? Some damage to moulding around a window, and damage to a window AC unit.
ExiledInIllinois Posted June 26, 2017 Posted June 26, 2017 (edited) Some damage to moulding around a window, and damage to a window AC unit. Wow... Who's to say somebody else didn't do it during the month. The check should serve as the receipt it passed. Even if deposited, you got a deposit slip. I can't see how she'd win. And, she had to pay a fee to sue you! Is she using a lawyer. I don't think small claims of this nature she can??? Maybe hoping for a default judgement? Maybe people move out of state... Far away? Edited June 26, 2017 by ExiledInIllinois
Captain_Quint Posted June 26, 2017 Posted June 26, 2017 Was all of you stuff out of the apt when the walkthrough took place? Or was something concealing the damage that she missed the first time? (I.e. behind a piece of furniture, under a rug) Leases usually state that the funds wont be released until the inspection is done, so I wouldnt worry about getting the signed walkthrough paperwork as being the end-all. To me, her releasing the security (the money) absolves you of liability unless there was some attempt to cover it up during the walkthrough. But Im an idiot, so lawyer up. The good news is that youve got the TBD braintrust working on it for you (myself, Exiled, teef, etc) so nothing to worry about.
Pine Barrens Mafia Posted June 26, 2017 Author Posted June 26, 2017 Was all of you stuff out of the apt when the walkthrough took place? Or was something concealing the damage that she missed the first time? (I.e. behind a piece of furniture, under a rug) Leases usually state that the funds wont be released until the inspection is done, so I wouldnt worry about getting the signed walkthrough paperwork as being the end-all. To me, her releasing the security (the money) absolves you of liability unless there was some attempt to cover it up during the walkthrough. But Im an idiot, so lawyer up. The good news is that youve got the TBD braintrust working on it for you (myself, Exiled, teef, etc) so nothing to worry about. Yep, place was empty and broom clean. took a pic to verify as such.
Fan in San Diego Posted June 26, 2017 Posted June 26, 2017 There was none, only the check for the security deposit. I would say the check is confirmation that everything is OK and your business is done. I would plead to the judge that any damage occurred after your walk thru.
\GoBillsInDallas/ Posted June 26, 2017 Posted June 26, 2017 ...landlady and her realtor... Are they hot?
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