DasNootz Posted June 26, 2017 Share Posted June 26, 2017 Not a lawyer - but a real estate broker and owner of several investment properties. I don't think she'll have a leg to stand on provided she satisfied her self of condition at the time of the walkthrough and returned the deposit. If you didn't have signed condition form at the time of exit, I'm assuming you didn't have one at the time of move in. She'll have no way to prove what the condition was before you moved in and what happened after you moved out. Stand your ground. Link to comment Share on other sites More sharing options...
SlimShady'sSpaceForce Posted June 26, 2017 Share Posted June 26, 2017 Yep, place was empty and broom clean. took a pic to verify as such. bring those pics with you. Link to comment Share on other sites More sharing options...
Pine Barrens Mafia Posted June 26, 2017 Author Share Posted June 26, 2017 bring those pics with you. On my phone, so no issue. Link to comment Share on other sites More sharing options...
ExiledInIllinois Posted June 26, 2017 Share Posted June 26, 2017 (edited) bring those pics with you. And JSP... Make sure you cover all bases. Do the job right. Make sure you have twenty-seven 8x10 colored glossy photographs with circles and arrows and a paragraph on the back of each one explainin' what each one was, to be used as evidence against her. Take pictures of the approach, the getaway, the northwest corner, the Southwest corner... And that's not to mention the aerial photography! :-) Edited June 26, 2017 by ExiledInIllinois Link to comment Share on other sites More sharing options...
4merper4mer Posted June 26, 2017 Share Posted June 26, 2017 Some damage to moulding around a window, and damage to a window AC unit. How did you create the damage? Link to comment Share on other sites More sharing options...
SlimShady'sSpaceForce Posted June 26, 2017 Share Posted June 26, 2017 Make sure you can take your phone into the court room. If not this --v And JSP... Make sure you cover all bases. Do the job right. Make sure you have twenty-seven 8x10 colored glossy photographs with circles and arrows and a paragraph on the back of each one explainin' what each one was, to be used as evidence against her. Take pictures of the approach, the getaway, the northwest corner, the Southwest corner... And that's not to mention the aerial photography!:-) LMAO And JSP, stop into Alice's Restaurant for a cup of Joe before you go to court. Link to comment Share on other sites More sharing options...
BringBackFergy Posted June 26, 2017 Share Posted June 26, 2017 Go back and take a look at your original lease. I'm pretty sure there will be language about "patent defects vs latent defects". The air conditioner claim may have merit if you took responsibility for reporting any problems with mechanical devices and failed to have it repaired or if there is a problem attributable to your own neglect. That would be a latent defect (one that could not reasonably be found during the "walk through"). I'm always of the opinion that you at least try and resolve the issue before "taking the fight to them". These other guys are telling you to lawyer up, go to court, etc. So if you hire a lawyer for $500-1000 to defend you and spend 3-4 hours over two nights in court (because you know damn well it won't get resolved in one night) you are out $1000 and your own time. On the other hand, you could call her or her attorney and offer to pay her $300 to get the air conditioner fixed and send her the check in 15 minutes for the cost of a postage stamp. I guess I always look at things (in my personal life) from the perspective of how much time out of my life will this take to resolve and go with the quickest route. Link to comment Share on other sites More sharing options...
ExiledInIllinois Posted June 26, 2017 Share Posted June 26, 2017 (edited) Go back and take a look at your original lease. I'm pretty sure there will be language about "patent defects vs latent defects". The air conditioner claim may have merit if you took responsibility for reporting any problems with mechanical devices and failed to have it repaired or if there is a problem attributable to your own neglect. That would be a latent defect (one that could not reasonably be found during the "walk through"). I'm always of the opinion that you at least try and resolve the issue before "taking the fight to them". These other guys are telling you to lawyer up, go to court, etc. So if you hire a lawyer for $500-1000 to defend you and spend 3-4 hours over two nights in court (because you know damn well it won't get resolved in one night) you are out $1000 and your own time. On the other hand, you could call her or her attorney and offer to pay her $300 to get the air conditioner fixed and send her the check in 15 minutes for the cost of a postage stamp. I guess I always look at things (in my personal life) from the perspective of how much time out of my life will this take to resolve and go with the quickest route. No way she settles for $300. Her filing fee had to be $150 or more. Not sure what state he is in, but in Illinois small claims you can't bring a lawyer, unless it's a corporation. Edited June 26, 2017 by ExiledInIllinois Link to comment Share on other sites More sharing options...
mead107 Posted June 26, 2017 Share Posted June 26, 2017 Fergy, how much for you to fly out and defend him? Link to comment Share on other sites More sharing options...
BringBackFergy Posted June 26, 2017 Share Posted June 26, 2017 No way she settles for $300. Her filing fee had to be $150 or more. Not sure what state he is in, but in Illinois small claims you can't bring a lawyer, unless it's a corporation. "No way"??? How the heck would anyone know that unless he calls her, argues his case over the phone and then says "In the interest of putting this thing to bed, I'll send you a check". Once again, my private time is worth more than wasting away in small claims court over the course of two nights. Link to comment Share on other sites More sharing options...
PromoTheRobot Posted June 26, 2017 Share Posted June 26, 2017 Some damage to moulding around a window, and damage to a window AC unit. Well if I'm a judge I'd want to know if you actually caused the damage or did something she had installed, like the AC unit, caused the damage. The fact she gave you the check after a walk-thru damages her case considerably, imo. Link to comment Share on other sites More sharing options...
Captain_Quint Posted June 26, 2017 Share Posted June 26, 2017 Is it past the point of just sleeping with her to change her mind? Link to comment Share on other sites More sharing options...
Augie Posted June 26, 2017 Share Posted June 26, 2017 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? I'm with you there! I was a Realtor and did that type of leasing for a few years. I can't believe they would try to come back AFTER the walk thru and refund of security deposit. That's ballsy! How do you know what happened after you moved? It's no longer under your control. If anyone is guilty, it's them for incompetence. What kind of damage are they claiming? Link to comment Share on other sites More sharing options...
ExiledInIllinois Posted June 26, 2017 Share Posted June 26, 2017 (edited) I'm with you there! I was a Realtor and did that type of leasing for a few years. I can't believe they would try to come back AFTER the walk thru and refund of security deposit. That's ballsy! How do you know what happened after you moved? It's no longer under your control. If anyone is guilty, it's them for incompetence. What kind of damage are they claiming?JSP said molding and window A/C damage... You gotta be kidding me! ADMIT NOTHING! DENY EVERYTHING! Zero sum game. You win, you crush her big. You lose @ least you make a stink. Why settle when he claims he didn't do it. Make them prove it in discovery... It's been 30 days in hot weather. That's unreasonable that JSP broke the A/C unless like Fergy said, he was supposed to fix it. Window A/C units are throw away anyway... She's looking for a new unit because new tenant is probably bellyaching that its broke? Its summer, those things crap out right out of the box. Edited June 26, 2017 by ExiledInIllinois Link to comment Share on other sites More sharing options...
Pine Barrens Mafia Posted June 26, 2017 Author Share Posted June 26, 2017 I'm with you there! I was a Realtor and did that type of leasing for a few years. I can't believe they would try to come back AFTER the walk thru and refund of security deposit. That's ballsy! How do you know what happened after you moved? It's no longer under your control. If anyone is guilty, it's them for incompetence. What kind of damage are they claiming? Breach of lease, assorted property damage and legal fees The thing I get the least is the breach of lease. I never miss a rent payment Link to comment Share on other sites More sharing options...
ExiledInIllinois Posted June 26, 2017 Share Posted June 26, 2017 Breach of lease, assorted property damage and legal fees The thing I get the least is the breach of lease. I never miss a rent payment Wow. Did she call you to settle before filing suit? Link to comment Share on other sites More sharing options...
Chef Jim Posted June 26, 2017 Share Posted June 26, 2017 I would say the returning of the security deposit is her agreeing that there were no damages. Link to comment Share on other sites More sharing options...
Pine Barrens Mafia Posted June 26, 2017 Author Share Posted June 26, 2017 Wow. Did she call you to settle before filing suit? Yeah she asked me for 500 bucks. My answer was no. Link to comment Share on other sites More sharing options...
Chef Jim Posted June 26, 2017 Share Posted June 26, 2017 Go back and take a look at your original lease. I'm pretty sure there will be language about "patent defects vs latent defects". The air conditioner claim may have merit if you took responsibility for reporting any problems with mechanical devices and failed to have it repaired or if there is a problem attributable to your own neglect. That would be a latent defect (one that could not reasonably be found during the "walk through"). I'm always of the opinion that you at least try and resolve the issue before "taking the fight to them". These other guys are telling you to lawyer up, go to court, etc. So if you hire a lawyer for $500-1000 to defend you and spend 3-4 hours over two nights in court (because you know damn well it won't get resolved in one night) you are out $1000 and your own time. On the other hand, you could call her or her attorney and offer to pay her $300 to get the air conditioner fixed and send her the check in 15 minutes for the cost of a postage stamp. I guess I always look at things (in my personal life) from the perspective of how much time out of my life will this take to resolve and go with the quickest route. The original question was a yes or no question. !@#$ing lawyers. Link to comment Share on other sites More sharing options...
ExiledInIllinois Posted June 27, 2017 Share Posted June 27, 2017 Yeah she asked me for 500 bucks. My answer was no. Oh. Still. Can you afford the $2500 if you lose? Suing you over 500 bucks. Can you go on People's Court so we can watch you! ;-) Link to comment Share on other sites More sharing options...
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