GLynne said:
I have documentation on just about everything to support my case, including a rental app from someone I turned down in lieu of this tenant. I have tried to rent the place ever since it was vacant, and have sent demand letters for past due rent. I have SSN, place of employment, and home address. I'm not sure what kind of witnesses I would need. Can a family member be a witness? Is it ever possible that Small Claims court would award a higher amount than the $3,000 limit? While I'm sure it is much easier to file a Small Claim, I'm sure others have been self-represented in Civil cases; just need to do my homework to properly present my case. How much proof do I need? The year's lease clearly states the tenant is liable for rent and all damages associated with the breach of a lease. Please advise. Thanks.
1. A family member can be a witness, but are open to attacks of bias.
2. No, it is not possible that small claims can award more than $3,000 in damages. They can award $3,000 in damages and appropriate costs on top of that though.
3. Others have been self represented -- they almost always lose.
4. You need to establish your damages by a preponderance of evidence.
You have no idea the can of worms you are opening over $1,800. You will not just hand your documents to the judge as you would do in small claims and tell your side of the story. Instead you will have a formal trial on the record, need to present an opening, call witnesses to the stand (and probably testify yourself in the narrative), and a closing. The judge will not help you or coax the evidence out of you or your witnesses as may occur in a small claims setting. You are on your own, sink or swim.
You will need to lay a foundation for all documentary proof under the ohio rules of evidence, properly authenticate them, and then have them admitted. Furthermore, if the other side (tenant) has reason for leaving, you can bet that he or she will file a counter-claim, that may offset your claims. It may even bring the amount you are due below $1,800. For instance, if the tenant complained about the conditions of the premises, you could end up owing the tenant when this is all over. Also, security deposit issues may be present. There is, after all, always two sides to the story.
If you are suing over a penalty clause in your lease, penalty clauses are not allowed in Ohio, look at the case of
Samson Sales (out of the Ohio Supreme Court -- I don't know the cite off the top of my head). In other words, you must suffer $4,800 in damages. And the court will look at whether you were reasonably diligent in re-letting the place. It is not enough that you tried once and failed.
Having warned you of all of this, I say go for it -- if nothing else, it will be a learning experience for the future about paying for competent legal representation.