I have been sued by my previous landlord. She is taking me to small claims court for "damages". However, in the paperwork, she does NOT list what "damages" she is suing me for....
When I moved into the house, she waived any deposits if I agreed to clean the house for move in. This was fine. My mother lived upstairs, and I was eager to live there.
So there was no deposit to get back, and I honestly did NOT cause any damages. The house is in horrific condition. On more than one occasion, I had things break on me (pipes, furnace, hot water heater, and the list goes on) in which she basically ignored me when I requested a fix. I finally would have to hire my own outside vendor to come do repairs and deduct from my rent. I had reached the last straw when our hot water heater went out (in JANUARY) and she did not have it fixed.
How am I supposed to prepare my defense if I dont know what I am defending myself against. Doesnt she have to list what she is claiming I damaged??
A
2006-06-20 10:53:02 · 9 answers · asked by Sarah 3 in Politics & Government ➔ Law & Ethics
yes. she has to list the damages, with photos and estimates to repair them. She has to do this in order to get the court order to appear for a small claims hearing. She had to show cause to the authority, be it a magistrate, or police officer, or whatever authority issued the paperwork.
2006-06-20 11:09:28 · answer #1 · answered by BantamRooster68 3 · 1⤊ 0⤋
The landlord is right. They can be sued. But they should have put it in the contract. The reason they can be sued , is NOT the trampoline itself. Neither the person who uses it. It is the ground level beneath the trampoline that is the problem. If the ground level is curved, on a slope, making the trampoline unstable. Thats where the onus falls on the landlord. It makes them liable. But as i said, It should have been stated in the rental agreement. Since landlords can not predict what tennants bring onto the property, thats probably why it was missed. My suggestion is get rid of the trampoline. Forget about your rights for a moment and decide whether you want to be seen as a good tennant by your landlord. If your seen as a good tennant who takes care of the property. The less likely the rent will go up in future and the better relationship you have with the landlord. Better living and better relationship far outweighs the right to have a trampoline or not. Quite simply, if you keep the trampoline. The landlord will just suck it up and then boot you out when the rental contract ends. Ask yourself what you want to do.
2016-05-20 06:11:08 · answer #2 · answered by Anonymous · 0⤊ 0⤋
If she is claiming damages, it is up to her to prove to the court there were damages and that you were responsible for them. The onus of proof is on her - not you. If she is unable to specify what damages, such as taking pictures, offering up witnesses and so forth, then she will lose her case.
If you feel she didn't fix things when she was supposed to, if you have proof that: (a) you communicated these issues to her (best if done in writing); (b) that she did not respond to your requests; and (c) that the failure to repair was against the covenant agreed to with the landlord or the laws of the state, you can actually file a counterclaim against her.
To do this, you need to go to the courthouse where the suit was filed and ask for the paperwork to file a counterclaim.
2006-06-20 10:58:58 · answer #3 · answered by Angela B 4 · 0⤊ 0⤋
When you moved in the landlord should have sent you a "letter of acceptance" or done a walk through with you so that you could note any damages that were present before you moved in. If the landlord didn't do this, then you probably have a pretty good defense. Go to a housing lawyer, bring a copy of your lease if there is one.
Good luck
2006-06-20 10:59:31 · answer #4 · answered by Anonymous · 0⤊ 0⤋
You did not say how long you lived there?It sound's like a Crack House. I know from previous experience that after a certain time usually 2 years from the move in date most damage can be caused from Normal wear and tear. If this does not work ,You can always firebomb your old house!!! Haha LOL
2006-06-20 11:05:26 · answer #5 · answered by jt37243 2 · 0⤊ 0⤋
Write out every thing that happened to you in print ,go to a notary and declare under oath-it costs 5 dollars and submit every-thing to the judge when your case .is herd.find the plumber who fixe the water tank ask the new tenants,go to the courthouse and search if the owner took previous tennants to court print it out and show it to the judge,do your home work, and write down alll your thoughts and questions you want to ask in court,if you are interupted by the landlord,immediatly ask the judge is this a coutr of law?be firm -good-luck
2006-06-20 11:16:10 · answer #6 · answered by Anonymous · 0⤊ 0⤋
I'm not a lawyer but I would say keep all the bills you have that proves you spent money where she should have. plus if you have pictures of the place before or when you moved in and while you lived there to show that you cleaned the place. also talk to a lawyer in your defence and ask him how your case stands. witnesses would be good too.
2006-06-20 10:59:33 · answer #7 · answered by chupakabra123 5 · 0⤊ 0⤋
I suggest you get an attorney. I am not dispensing legal advice and am not a licensed attorney in OR.
Many civil lawsuits begin with vague pleadings. You need to respond with a "general denial". Simply state the truth, that you deny any and all allegations made by the plaintiff. Again, get an attorney.
2006-06-20 10:58:36 · answer #8 · answered by wordofgods 2 · 0⤊ 0⤋
unless you have documentation of how bad the house's condition was when you moved in, i'd get a really good lawyer.
no scratch that, get a good lawyer anyways, the law often sides with the landlord
2006-06-20 11:02:26 · answer #9 · answered by neonatheart 4 · 0⤊ 0⤋