I'm getting nervous, I know I'm in the right. Renter has left w/o paying rent, or utility bill and has held over into this month. What is the process? They are basically irresposible people and the type who like to constantly make excuses. What should I prepare for. They have already accused me of harassment and look at this e-mail I just got:
I am contacting you to ask you once again to leave me alone. You had me served with court papers and I feel it is in my best interest to no longer speak to you. I will be going to the court house tomorrow (September 6th) to file a 5000.00 civil lawsuit against you for destruction of private property / harassment. Please leave me alone. Anything you have to say to me at this point should be said in court.
This is the second time she has threatened me like this. I have very good records. Anytime I've contacted her it is to conduct business. Example like-- can I have a move out date, I'd like to show the house.
2007-09-08 13:17:42 · 4 answers · asked by gloria w 3 in Politics & Government ➔ Law & Ethics
And destruction of private property may be when I did an inspection, I noticed the kitchen sink cabinet tied together with a towel. Opened in an found a cespool of black water and mold. I threw away oven cleaner and neem oil (which were left there from previous renters, although I have no proof) and wiped up the mess with the same towel. But 5g's dumb ****!!
2007-09-08 13:21:57 · update #1
You will be fine. Honestly I would suggest watching the peoples court-- it has small claims cases on and you can see how judges make their descision. they have to prove harassment, and it is very hard to do so if they owe you money and you have been trying to get it from them. as long as you havent been calling them at all hours of the night, you should be fine. As for the destruction thing, their claim will most likely be thrown out because it is so ridiculous. Judges really look at what people are asking for, if they go way over what they really have been damaged, they wont grant them anything at all. But I would suggest not having any more contact with them until the court.
You should be fine though, they are using that case against you to scare you into dropping the claim. Just make sure you tell the truth and arent inflating your claim or asking for more than you are owed. make sure you take lots of high quality pictures of anything they damaged, bring the utility bills, the rental contract, etc., also, what did you do with their security deposit? if it is more than what they owe, then you are in the wrong by keeping more than what you are damaged because that is returned to them. if it is less than what you are damaged, then only sue for the difference.
and seriously, watch the people's court! it helped me so much when I had my small claims case!
2007-09-08 13:29:16 · answer #1 · answered by sami_sam 4 · 1⤊ 0⤋
Dont stress over this! this person is full of it! If this person were serious you would be receiving this letter not from her, oh no, it would be from a attorney at law. And may I add she is running scared, she knows that she is in the wrong, so dont let this letter do what she wants it to do and that is to scare you. If I were you and If you can afford it go and hire a attorney, and do it now! today! Did you happen to take pictures? Also if she did this to damage to this place chances are high that this is not her first offense, so go to the court house and check out her past addresses, just to see if she has caused damage to other property, and I,ll take a lucky guess that she has, people just dont wake up one day and become slobs who dont pay their bills, this is a person who lives on the edge and who does,nt pay her bills, all you need to do is find the proof.
2007-09-08 13:34:13 · answer #2 · answered by penelope 5 · 1⤊ 0⤋
What court papers did you have her served with exactly? What you should have filed with the courts at this point is an unlawful detainer. I have no idea where you are, but this is how the process works in MN:
http://www.co.dakota.mn.us/Departments/Sheriff/Services/Evictions.htm
If you haven't done anything wrong, then there's nothing to worry about. Just remember you cannot kick her out until you've gone through the entire process involved with an unlawful detainer.
2007-09-08 13:32:48 · answer #3 · answered by Sturm und Drang 6 · 1⤊ 0⤋
Sounds like she is blowing smoke. Take pictures of the damage, and hey, get a extra months rent and a damage deposit. Don't call her, there is no need. Go to Court ready, and calmly present you case. Speak only when the judge asks you to and let this person show the court what jerk she is. That will help you. DO NOT LOSE YOUR TEMPER.
2007-09-08 13:29:28 · answer #4 · answered by Songbyrd JPA ✡ 7 · 1⤊ 0⤋