small claims court/ landlord-tenant?

Hi there,

Can you take someone to small claims court for immediate resolution on small matters, although plan to pursue all the issues later?

I have started to seek out an attorney for a huge, lengthy situation including an illegal eviction with my former landlord…however there are many criminal charges against her for what she did to me mostly, but also several other tenants and this could take a long time.

Meanwhile, although I paid my rent perfectly to the day I moved out, she refused to allow me access to the rest of my belongings (I moved out the day before she was “driving” me out) If I take her to small claims court (under $2,000) for theft (have proof) and having no utilities for periods (when my rent clearly included them), etc… will this affect what my attorney will file later, that suit? in other words, double jeopardy? remember, this is only a civil matter in small claims and later a personal damages (although due mostly to her criminal acts).

Thanks!

Security deposit refund, Landlord didn’t refund or provide statement in 21 days? in CA?

I tried to make it more clear here since the previous question may be confused to you the way I explain. how much does it cost if we want to hire an attorney to get the deposit back?
I wait until April 22`st 2011, since we moved out on March 31st 2011.we have not received any statement or security deposit from my landlord.
The landlord refused to give us the address so we have a real estate agent help to dig out her tax address. and send her email and certified mail.

what can we do to this landlord and the real estate agent? we asked the agent for business card twice, but he won’t provide.he asked us to sign a paper, he never gave us a copy as he promised. we found his realty online. we did take lots of pictures when we move in and move out. we hired a professional to clean the carpet, and change a new window blind for her. we have had the agent sign the paper stated that the unit is clean and in good condition. shall we get the full refund?
Thank you very much for your help

Additional Details
* 9 months ago

What can we do if we found the condominium not cleaned and lots of problems as we do inspection after move-in?
We moved into a personal owned condominium end of June, and we were asked to sign a lease with the landlord on June 4th while holding the condominium,and pay him the whole month and deposit, at that time the landlord still lived there, she told us she will clean up the apartment before we move in.but when we moved in, we just noticed that she didn’t clean the apartment at all, only hire somebody to clean the carpet.

Additional Details
we live in California, please let me
point out some major problems here,
1. we found the faucet broken and leaking underneath, there is mold there since it’s not cleaned. we have two kids, one is 2 years old, the other is new born. I’m afraid it will affect their health.
2. the shower faucet is too old,so we can’t adjust the temperature, we told the landlord, he doesn’t want to fix it.
3. she stored over ten boxes in her storage.
4. the refrigerator is not working well,

Do I have cause to break a home rental lease IL?

Can I break lease because landlored refuses to speak to me concerning minor repairs. sent letter, no response so I called. after 3 weeks and 4 attempts, reached landlord 0 hung up on me and 2 days later received a letter from attorney stating not to do this again. Have since found home never had permits pulled to finish basement , bath and have electrical wires running in closets open?

Former roomate processed small claims court on me for cause of eviction?

Beginning of August, I moved in with a girl who was a friend of a friend. She had gotten an apartment with her boyfriend but they broke up so he moved out. She needed someone to move in and help her pay rent so i came to the rescue. I was getting paid under the table so I did not have paychecks stubs to prove my income etc. We then both agreeed that I did not have to sign the lease as long as I paid rent on time which I did. It is now May, we got evicted in February.

Noise complaints caused the eviction. First noise complaints was because of a party, which we BOTH threw. Second noise complaint was because of a party again, which her friends had when neither of us was home She gave her friends an extra spare key to the apartment. Third noise complaint was when we got evicted. I don’t know what the complaint was for because she did not show me the eviction paper nor the noise complaint.

She claimed that I was the reason why we got evicted because she was in Florida for a week and when she came back, we got the notice. I don’t have a key to the mailbox and the date of the notice was while we was gone. I am furious that she is blaming it on me because while I was at work and she was in Florida, my neighbor texted me and told me to quiet down. I told him I wasnt even at home?…so who is at my house!??? I got home and her friends had a bunch of people over drinking and such. She wrote me a letter saying I had to be out in 3 days and had to pay $1300 which includes the eviction fee, security deposit, etc.

I refused to pay because it was not my fault, and my name was not on the lease so I am not responsible to pay her fees. 2 months later, I received a paper saying that she is bringing me to a small claims court and is suing me for $2,000 for [actions of defendants caused eviction, damaged property, and theft of personal items] After I moved out, I was nice enough to give her $250 for the last couple days I stayed there and for the damage property which was a hole in the door in my room. I wrote her a check so I have proof that I paid her.

What are the chances of me winning this case? I did not sign any papers. I gave her cash for the rent on time and also for the utilities.. I did not steal anything of hers and I paid for what I damaged already. What should I be prepared for in this small claims court? I’ve never been to court before. My court date is tomorrow. Does she have a chance of winning?

Landlord damage dispute and insurance company subrogation?

Over the holidays I left my college apartment to return home. I was notified on Christmas Eve that my pipes had frozen due to me turning my heat off. The landlord informed me that this happened every year and the average costs were $1000-2000 for the tenants involved.

As terrible as this was to hear, I felt I could get through it. After a couple weeks I called the landlord again to see if I could get more concrete numbers. He informed me that the cost was nearly $4000 now, and mentioned some somewhat high costs for his own labor in addition to the company they hired to clean up the flood in the lower apartment. Amazed at how high the cost had risen, I asked if he could give me a HIGH ballpark figure where there was zero chance it could get any higher. He said $5000.

Approximately 1 week ago I went to pay my rent check and the landlord informed me that he now had all of his figures in, and after talking down some company $1600 (keep in mind the actual estimate should be $1600 higher if they didn’t talk them down) the new and final dollar value for damages was nearly $6900.

I recently received a letter in the mail asking for the $1000 deductible the landlord had to pay to have his insurance company cover the remaining $5900. The letter stated they were unsure as to whether the insurance company would pursue any claim to the $5900 remainder after the deductible was paid to my insurance company.

My question is this:

1) Based simply on my description of the story, does this seem legit or does it seem to have some issues that I may wish to fight the charges in court. I realize the legal system is expensive, and after attorney fees and court costs I may only save a few dollars if I actually win.

2) What in your experiences do you see the chance of the insurance company going after me for the remainder if I do go along and pay the deductible.

Thank you, all help is appreciated.
Just got the itemized list today, they’re charging me $44/hour for his own workers to paint the drywall, install new drywall, and move toilets

Can my landlord and neighbors ban a friend of mine they don’t like due to sexual orientation from visiting me?

My landlord a couple months ago starting spreading lies about a friend of mine. My friend is a trans gender, however he is being accused of being a sex offender due to his sexual orientation (he cross dresses). He doesn’t bother the neighbors and he keeps to himself when he and his wife visits. They visit often to help my son and I out, due to no transportation. Because I don’t allow smoking in my house, he goes out to his truck to smoke and surf on the internet on his phone. Due to the lies spread from the landlord, the parents in my trailer park told their children more extreme lies about him and therefore the children started to harass my son and tell more lies about my friend. About a month ago the landlord got all the neighbors to gang up on me and my friends accusing my friend of taking pictures of the little girls in the park, just because my friend was on his phone surfing while he smokes. There were no pictures on his phone and even showed the officer that was called by the landlord to try to forcibly remove my friends. One of neighbors was trying provoke my friend by yelling defamatory comments towards my friend concerning his sexual orientation. His wife held him back and got him back indoors until the officer came to diffuse the situation. The officer ran my friend’s name and said that my friend is NOT a sex offender and he laughed about the pictures on the phone, as they were all pictures of our dogs. There were no children pictures at all on the phone! The officer recommended that he file an anti-harassment against the neighbors, but I don’t know their names. He was having trouble finding an attorney and the money to do it all. Now I’m hearing the neighbors are putting together a petition to keep them out. I can’t use the bus system due to both mine and my son’s disabilities and they are my only option to get rides to get groceries and such. We are at a lost as what to do to stop this slander, lies, and harassment. I am also worried about retaliation from my landlord. I am a single parent and can’t afford to move and I am on housing authority.
I’m in WA State and I have been living at this unit for 8 years.
I was told by fair housing that a landlord can not discriminate against my visitors either. An example that I asked them about someone visiting with a service dog in no pet housing. I was told while the tenent can say no to the service dog, a landlord can not. Sexual Orientation, as I recall is covered under fair housing laws, and I will be attempting to call them again.

what are my rights when my office landlord does not enforce the pet rules in the building?

My new office mate continues to bring his pet to work despite the fact that he received a letter from the landlord more than 30 days ago indicating that the pet is a nuisance and can no longer be brought to the office. The office mate knew when he signed the one year lease that the pet may not be allowed if it (the pet) disturbed me or anyone else in the building.

My landlord reportedly is hesitant to evict because the pet owner is an attorney. I (the co-tenant) cannot evict, it must come from the landlord.

I have been a tenant in good standing in the building since November 1991.

Legal question, Please help us and our Landlord?

Hello. I’m from the big island of Hawaii. My wife, a 6-month old baby and I are renting a downstairs unit from an elderly man for about a week now and just a couple days ago he informed us that he has been accused of molesting and pointing a gun at a teen relative sometime last year. The courts tried to get him to plead guilty, which would of resulted in 20 years in jail, but he didn’t because he knew he was being wrongfully accused. so now they settled on a 5 year probation and 9 weekends in jail. His probation (from what he was telling me in a nutshell) prohibits him from being around minors under the age of 18 and that he can not go certain places unless he is with someone.
He did have to evict the previous tenants because they had multiple children under the age of 18… and because they were extremely messy 😀
He has been very helpful and generous in letting us move in and is quite lenient about the rent. Before we moved in, he did ask if we had any teenagers. thinking that he didn’t want some rambunctious kids keeping him up till midnight. in reality it was because of his probation. He thought it would be fine to let us move in because our baby is only 6-months old. To make sure, he called his attorney today and he said that its a no go.
The landlord an i feel this is unfair and kinda stupid… my wife is with the baby at all times. The land lord works construction and is working a set schedule of 6-3, Mon-Fri so he is not home all day anyway. he is now inclined to have us move out because of his probation but he really doesn’t want to have to do that. an i don’t want to have to move either. Great location, great neighborhood and Extremely nice landlord. Is there anything we can do? legally?

Is there a PA landlord tenant law stating that any changes to the lease upon renwal, must be in writing?

My landlord had provided we with a lease renewal offer stating increase of rent along with a utility addendum. 15 days after the lease has renewed for the new lease term (starting 9/1), the landlord sends me a letter stating that at the start of my new lease term, I will be responsbible for additional utility charges. I asked the Landlord, where in the Lease Renewal offer does it state this information, and they are unable to answer my question, instead they advise I contact their attorney. Upon talking to the attorney, I have discovered that the complex has provided their attorney with an “updated/doctored” lease renewal offer revising their wording to include additional utilities. I have the initial form that does not make mention of the additional utilities. I am being bullied, and need information on my rights and laws as a tenant. thank you.

Michigan Landlord/ Tenant Law Question: Previous Landlord is suing for $3783.80.He retained security/pet dep?

Michigan Landlord/ Tenant Law Question: Previous Landlord is suing for $3783.80.He retained security/pet dep?
Both landlords visited us throughout our 19 month stay either for repairs or just to stop by. Each time they visited, they expressed immense gratitude for how well we kept the home up (we are immaculate…a tad OCD). We had carpets professionally cleaned, & did them ourselves as we own a machine. During final walk through, after home was emptied, landlord agent said ” Wow, you guys sure kept this home clean! We will really miss having you as tenants!” No inventory checklist was filled out during walk through, & no mention of damages.
30 days later, agent sent a letter with an attached itemized damage/cleaning sheet totaling $2383.80. $1438.80 in damages, $945.00 cleaning. They never returned our security deposit, nor did they follow the state guidelines in retaining this. He is suing for preexisting damages noted on checklist upon move-in and is charging an exuberant amount for cleaning (i.e $420 for carpets which we paid $130 for just prior to move out, $100 to wash tile floor in kitchen, $1225 to clean patch and paint walls which were noted to be in poor shape prior to moving in) Please Help.
We have court in 2 days, and are representing ourselves. We feel prepared. He has not retained an attorney either. This will be done before a jury. Does he have a chance? Do we have a chance?
Please note, walls upstairs were in poor shape prior to moving in. This was noted on the move in checklist and signed by landlord (agreeing to their poor condition in which he now wants us to pay to remodel them). Also, Michigan has a normal wear and tear ordinance. In this case, there was none as I noted how impeccable we cared for the home. The landlord is entitled to damages above and beyond wear and tear, but should he be entitled to funds based on minimal wear and preexisting damages?