Hello, I live in the state of TN. A former landlord has served us with papers referencing back rent and damages, as well as lawyer fees. I have a few questions because I am not at all familiar with the court procedure or what to do.
1. Is it legal for him to include his lawyer fees in the amount he is seeking in the state of TN? I had read something that stated it wasn't, but that may have been inaccurate or referring to another state.
2. If we owed him appx $100.00 dollars when we moved out, but he kept our entire deposit which was $650.00, how can he be suing us for "back rent"?
3. The house was incredibly damaged when we moved in, including light fixtures being torn from the ceiling and an incredible roach infestation that we had to deal with until we moved once the lease was up. Unfortunately we did not take pictures due to our inexperience in these matters. The point being that any damage done to the house was far before we moved in, and I don't think he can have "proof" that we caused any of it. We had asked him multiple times to fix certain things, such as our back door coming completely away from the frame of the house and having to be pushed back in every time we used that door, which he never did fix. Can we be charged for these "damages" with no proof?
4. The papers filed against us gave no specific dollar amount or damages he is claiming. I thought that any papers served had to have the specific amount and damages that he is seeking. Is that correct? The total just says "less than $25,000.00", which I am assuming is the small claims limit.
5. I also read in several documents that he is required to mail us notification of any damages he asseses as well as the amount he estimates will be necessary to fix them before taking us to court, which he never did. These papers are the first we have heard of him since we moved out over a month ago. He also never sent us any documentation about what our deposit was specifically used for, since we did not receive any of it back. He also never provided the location of his seperate deposit account in which he keeps tenant's deposit money (as I read he is supposed to in the Landlord/Tenant act). Can I bring this information up in defense?
6. Despite having our phone numbers as well as the last known mailing address, we never heard from this man. I also read that he is supposed to make an effort to collect anything he feels he is owed, a "demand", before pursuing legal action. As I said before, this is the first we have heard from him. Is this also something I can bring up in defense?
I know this was an incredibly long post, but in short this guy is basically a slum lord. With the papers being so vague, I almost get the impression he tries this with most of his tenants when they leave. I really hate to give this guy anything whatsoever after living in complete misery for over a year. Is it not enough that he kept our whole deposit? I don't understand what damages and fees he could have assessed that would have amounted to more than $650.00 that he could find us responsible for. Any advice or feedback would be greatly appreciated!
2007-08-31
01:42:39
·
10 answers
·
asked by
oohtalknerdytome
1
in
Law & Ethics