Here Is Another ONE Same Tenant Suing Landlord.
My tenant asked me the other day if he could break the lease early. (one month.) I wrote him a letter stating this would be fine provided he completed all obligations according to the lease. At that time I also included in the letter a copy of the Movin IN and Move out report he signed at the beginning. On this move in and move out report is indicated how much money is charged if a tenant does not clean something. For example $50 if refrigerator is not clean. $75 for stove cleaning. $125 for entire house needing vacummed. He recieved this both at the signing of the lease and now at the end. Through out the month he tried on numerous occasions to get out of his obligations by asking. " So which carpets do I need to clean" Well stupid what does the lease say. As a side note this kid is a single man who needs his mommy to babysit him. He must have never cleaned ever. So upon moveout I went down with my wife and a digital camera and took pictures. He never cleaned a thing. The refrigerator was dirty, same as the stove. He used a brand new counter top as a cutting board. I found cat hair all over the carpet. He sent me a receipt showing he rented a rugdoctor. But he must not have vacuumed before he used it. Or maybe he never did vacumm or clean the carpet. Anyway there was hair all over the bathroom. I mean nothing in this home was cleaned. He also put black foam tape around the windows for the winter and never got it all off. He also knocked a claw foot tub off one of its legs disloging the pipe from the drain. He claims he was just showering and it happend. So I also charged him this amount. Now going back to the original let out of lease letter it said he must follow the requirements of the lease and then he could get out of the lease. Well clearly he never did that. He never cleaned caused damage to a window. SO I felt that I should also charge him for the last month rent. His bill came to about $1500 I took his $600 security deposit and sent him a bill for the rest. NOw he is taking me to district court. I have all signed papers and pictures. Any comments would be appreciated.
Well, my first question back to you would be what did your attorney have to say about it?
I sure know that if I was the one getting sued, my legal counsel would be the first person that I'd go to for advice.
My only opinion on what has been said so far is that I think that it was a mistake to try to bill him for the amount over the security deposit. He was probably prepared to lose the deposit but trying to make him pay extra was just a slap in the face. I have never, ever known a tenant that would not go to court to fight a bill over the amount of the security deposit. Most landlords realize this and decide that it isn't worth the trouble to go to court for this small amount of money that will only become a judgement that they will probably never collect upon anyway. Sounds like this guy was a problem for awhile. Personally, not only would I have let him out of the lease, I would have probably even offered him his security deposit back just to stay away from me for good. Trust me, that's going to be much cheaper than going to court.
On an added note, if you do go to court for these fees, from what I've seen, you won't win. I don't know the laws in your state, but sounds like your "fees" are a bit excessive. I mean
$50 for refridge cleaning, $75 for stove, and $125 for vacumming? I hire out my cleaning, and a 1000 sq ft home will cost me only $100-125 for the WHOLE house, and that includes all that you mentioned and much more, for a spotless job when finished.
Roger
That is pretty cheap cleaning ($100-$150 for a whole house that is trashed...), but yes, I would have taken the deposit and be done with it. Unless you have receipts from other companies laying out exactly what costs you incurred, the judge isn't going to care if you think your time is worth XXX to clean a stove, he cares what it really costs to have a professional do it. And your likely not getting the last months rent either, you said he could get out of the lease, cleaning the unit should be a seperate issue.
Hey,
Has the tenant actually filed suit or just threatening?
What do you mean District Court????
If he did damages, ABOVE normal wear and tear, then you can charge him for it. To me a lot of what you mention is normal wear and tear...dirty oven, dirty frig, etc. That goes with leaving in a house.
FYI: Your form can say you charge $75 (or whatever), but that does not mean it is legally enforceable.
The countertop sounds damaged.
I am unclear on the damage to the tub.
I also am unclear on the black foam...that sounds like weatherstripping to me.
I do not see $1500 in damages.
You need to check with a lawyer in your area. Or check with the local Landlord association if there is one for your state.
It is my understanding (again, this could be wrong) that the deposit is what you can use for the repairs and cleaning. You are not allowed to change a months rent because the place was not clean. Hence, the view that he can break the lease based on it being clean will not be valid.
In some states the tenant can break the lease if they provide 30 days notice. In other places the tenant is responsible for the gap in rent until you get the place re-leased. They can also be liable for any short fall if rents have gone down for the new lease.
So, I suspect you will find the judge will say that the cleaning and damages are to come from the deposit. Any excess might be a valid claim against the tenant. Charging for a months rent because the place was a mess is not valid.
John
[addsig]
*Disagree that a dirty unit is normal wear and tear! "Get it clean, leave it clean."
*You will not be reimbursed for your work/labor, so you need to hire out for cleaning, repairs, and have receipts.
*Agree that $100-125 is a good deal, but in your area you should be able to get the same good deal to clean the listed items.
*Agree, countertop is damaged. Tub is damaged if he did not report the problem to you when it happened. Tape needs scraping and paint or remover.
*I have a policy. Don't wait and tell me about a problem when you move out and expect me not to charge.
*Agree that you will probably waste your time to go after $900. in this case. *You will have to also show that you did your best to repair and re-rent in a timely manner in order to charge him for the months rent. *Call it even or give him 50. bucks to go away. :-(
Jeff Taylor, or as he labels himself, " Mr. Landlord", has some great advice on this topic.
He asks the would-be tenant some questions about tenant's prior landlords, how they treated the tenant, what they did wrong, etc...and lawsuits and complaints the T has ever lodged against any LL....then, if that prospective T has EVER filed any kind of complaint or action against ANY LL, that prospect is immediately rejected.
After all, a T's stripes don't change, so why not find out upfront if he's a "suer" or chronic complainer vs. his LL?
Sure a way to eliminate some future grief.
Thanks for the advice. To further clarify he is suing me for the deposit back. I just mearly through the book at him. Granted I may not get more than the security deposit but should I have to clean his dirty toilet. Should I have to clean out the refrigerator when I gave it to him clean.
some more details. He has filed with the district magistrate or local court already. So he must have paid up to $50-100 just to have the complaint heard. He is also suing me for his water bill which he claims is my responsibility because his toilet was running. This guy is crazy. So from above you mean to tell me that since his cat sprayed in my basement I have to pay someone $100 of dollars to clean it and not just do it my self. As a landlord and a person in business would you not find the cheapest route to get things done.
Well if he is suing you for the deposit money, you need to file a counter claim against him for the deposit and for any short coming in the lease (the months rent). In my humble opinion I would respresent myself and if I had clear pictures of the the damage to the unit and the uncleanliness of its return to me, you can can almost be assured your deposit issue is going to be ruled in your favor.
I would also bring up the breaking of the lease and the month's rent owed to have the price your counter-suit a bit higher and be prepared for the judge to throw that out.
As far as costs go, your costs would work even for your time if you had bids from other professionals to clean up whatever. But you submitting your costs by yourself the judge will not accept as he doesn't know if it if a fair cost or the cheapest way to do it or if you are just trying to rake the tenant over the coals and milk him for every dollar.
In most intances if you want to keep your contractors happy, it is easier just to have them do the work and then you have a clean bill to submit in court.
Agree with the above post.
I am only stating that I have read that many judges will not award for your labor. Agree if you have several estimates that you have a better chance.
You have something else in your favor: You had a clearly stated move in sheet with the costs clearly agreed upon. Both signatures, right. That may work strongly in your favor.
The cat odor is additional and should be itemized separately.
The water running was his responsibility unless he can prove he reported it to you. Be prepared. Good luck!
be sure to find out where he works (when he's under oath) so you can garnish his wages