My husband received a notice to appear in court about an apartment he moved out of in 2002. He didn't give 30 days notice so they kept his deposit, but his lease was up 2 years prior and he was paying month to month. This is the first contact we have received from the propery management group and the charges they want him to pay are ridiculous. They are asking for fees to remove bulk items that he didn't own (end tables, a head board, a computer, a tv, a lamp, $25 per item) and he left the apartment completely empty. We don't disagree that he should have given 30 days notice so we understand the additional months rent, but cleaning fees of $225 and item removal of $150 are a bit ridiculous. We don't feel we owe the removal fees. Is there a way to fight this even though neither side can prove or disprove these items were left in the apartment at this point? We feel like we're at the mercy of the property management company and have to pay the full amount. Any advice is great!!
2007-06-12 01:17:42 · 8 answers · asked by Anonymous in Business & Finance ➔ Renting & Real Estate
If he was living month to month on no lease then they have no recourse to charge him under the terms of the lease. Go to small claims court on the required day and be prepared to present your case. They kept his deposit; you can counterclaim that you want it back plus interest. The burden of proof is on the accuser; can your husband show a receipt for a moving company or rental truck that he used to move his belongings out? The landlord is hoping you won't show up so he can get a judgment.
2007-06-12 01:30:00 · answer #1 · answered by canela 5 · 2⤊ 0⤋
It appears that your husband left under improper circumstance, since you admit readily that he did not provide the required 30 days notice to vacate. Given the lack of a signed check out sheet (error not getting one), it will be their word against his. Your husband should appear in court to at least answer the complaint. Failure to do so will result in an automatic judgment against him for the amount requested.
The removal fees are NOT unreasonable, if the items were actually left there. Depending on the condition in which he left the unit, the cleaning fee might also be reasonable. Do remember that he is required to leave the unit in as good or better condition than it was when he took occupancy in the beginning.
As far as the enforceability of a small claims judgment, they ARE enforceable. In most states, a small claims judgment carries the same legal weight as does a judgment obtained in a conventional court, and can be used to garnish his wages (or similar).
2007-06-12 01:41:29 · answer #2 · answered by acermill 7 · 0⤊ 0⤋
Lol I love the answers. In any event depending on the amount of the claim against you here is what will happen. You must be found to have the summons served on you. If you can not be found because you are in Afghanistan looking for a bounty then the parties can move the court to allow process to be done by publication. Assuming that they get the case heard, then they can ask for a summary judgment against you for not being there after the summons has been served. Then when they get the judgment they can reduce that judgment to a lien that attaches to your personal assets. They then can go back to court if they find any assets and try to reduce the lien to a foreclosure of the asset to satisfy the lien. Therefore I would suggest that you get a local attorney in where the case was filed and have them represent you. Oh yeah and depending on how the order reads on the judgment the amount owed can grow in size.
2016-05-18 00:33:50 · answer #3 · answered by ? 3 · 0⤊ 0⤋
If he doesn't have any documentation or pictures of how he left the apartment, then its bassicaly his word against theirs. It would depend on the judge. I would ask around and see if anyone else has had problems with that particular rental company. if you can show a trend of them overcharging people, then you may have a case. As for small claims court, there is no enforcement of payment, so even if you do lose, you don't have to pay (though they may report it to the credit companies).
2007-06-12 01:24:09 · answer #4 · answered by writenimage 4 · 0⤊ 0⤋
They have the burden of proof. Something sounds fishy about what the company is doing. I'm wondering why they didn't come after your husband right away instead of waiting 5 years! Also, the fees that they are charging are outrageous. They can ask the judge for anything they want. It doesn't mean that they will get it.
2007-06-12 01:30:30 · answer #5 · answered by salsera 5 · 3⤊ 0⤋
its your word against theirs. normally property mangement that disposes of these items are required to keep photo documentation. so if u firmly believe u didnt think long and hard. bc if u show up to court denying it and they have photographic proof then ur at a loss. If i were you I would go to court and try to get some sort of documentation to prove u did dispose of everything before hand. Even if they do win in small claims court it will be hard for them to try to collect the judgement against you.
2007-06-12 01:45:44 · answer #6 · answered by spadezgurl22 6 · 0⤊ 0⤋
unfortunately if you have no documentation to how you left the place it will be an up hill Battle, most likely they have documentation
check your local laws on statute of limitations but some require you to bring a suit within three years, if in your case that would be 2005 but need to check your local laws
show up in court that day and fight it give it your best shot
2007-06-12 02:07:12 · answer #7 · answered by goz1111 7 · 1⤊ 0⤋
show up in court, if you dont....the other side wins automatically
2007-06-12 08:43:47 · answer #8 · answered by DennistheMenace 7 · 0⤊ 0⤋