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Former landlord threatening with unreasonable lawsuit

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Delancey

Junior Member
Hi All,

I could really use some advice and would be grateful for your help.
I rented A ROOM in a house for 450 dollars per month. In the house, another girl rented a room, as well. Therefore, the landlord, his girlfriend, and another girl and I lived in the house. There was a lease requiring a 30 day notice (but no safety deposit).

The landlord blamed me for an ant infestation, saying I was responsible for improper food handling, causing a major ant infestation in the house. I told the landlord that we live in a house from the Middle Ages and he cannot blame me for not renovating his house. He got mad, threw a glass at the wall. Later he sent an email giving me permission too e out early.


Now he is threatening with a lawsuit. Asking for:

A) compensation for the ant infestation.

B) a sock got stuck in the wash machine. He is saying I caused water damage to his house when everything resembles a house from the 1800s.

C) damage to his toilet, saying I flushed hygiene products. His toilet hardly flushed before I moved in.

D) breaking a shower rod (which a former tenant broke).


So the landlord is threatening with a lawsuit. He wants my new address.

1. Should I give him my new address?

2. Can he possibly win a lawsuit against me for such unreasonable and unscrupulous allegations?

3. I am from Europe, working in the US on a visa; if he sues me and I don't pay him (because I don't give him my address), will I have problems entering the country? I go back to Eutlrope for Christmas?


4. Does the landlord have a case against me?


5. What should I do? Any advice?


Thanks all:)
 


sandyclaus

Senior Member
Hi All,

I could really use some advice and would be grateful for your help.
I rented A ROOM in a house for 450 dollars per month. In the house, another girl rented a room, as well. Therefore, the landlord, his girlfriend, and another girl and I lived in the house. There was a lease requiring a 30 day notice (but no safety deposit).

The landlord blamed me for an ant infestation, saying I was responsible for improper food handling, causing a major ant infestation in the house. I told the landlord that we live in a house from the Middle Ages and he cannot blame me for not renovating his house. He got mad, threw a glass at the wall. Later he sent an email giving me permission too e out early.


Now he is threatening with a lawsuit. Asking for:

A) compensation for the ant infestation.

B) a sock got stuck in the wash machine. He is saying I caused water damage to his house when everything resembles a house from the 1800s.

C) damage to his toilet, saying I flushed hygiene products. His toilet hardly flushed before I moved in.

D) breaking a shower rod (which a former tenant broke).


So the landlord is threatening with a lawsuit. He wants my new address.

1. Should I give him my new address?

2. Can he possibly win a lawsuit against me for such unreasonable and unscrupulous allegations?

3. I am from Europe, working in the US on a visa; if he sues me and I don't pay him (because I don't give him my address), will I have problems entering the country? I go back to Eutlrope for Christmas?


4. Does the landlord have a case against me?


5. What should I do? Any advice?


Thanks all:)
1) US LAW ONLY.

2) The best way to protect yourself from unwarranted repairs is to prove that the damages LL is claiming you caused existed prior to you moving in. Did you happen to take photos/videos of the areas in question? Sign off on a written pre-move-in checklist of any sort?

More importantly, get it out of your head that a house from "the Middle Ages" can't get an ant infestation caused by the people living there. If there were no ants prior to you living there, and you left out foods that ants in your area are attracted to, then yes, he certainly CAN hold you responsible for the extermination costs.

Be aware that if he doesn't have a current address from you, he may well file and attempt to serve you at the last known address, which was the rental property. If you have failed to provide them with a forwarding address, it may well be perfectly reasonable to assume you don't have one.
 

Delancey

Junior Member
Firstly, no, I did not take pictures of the house prior to moving in. The burden of proof lies with him to prove not only was there damage, but that I caused the damage. How do you prove that I left an Apple on the counter? I mean, that sounds completely ridiculous. How can he possibly prove that I caused any damage? Especially with other people in the house.


I am not claiming that one cannot sue for silly things; I am asking for advice in this matter.


1. Should I give him my new address?

2. If I don't, he takes me to court, I don't show up, he wins, WILL I HAVE problems coming into the country again?


3. Any more advice?

Don't you agree that these allegations are silly? I am a nice and honest girl and he is trying to take advantage of my good nature.
 

Proserpina

Senior Member
Firstly, no, I did not take pictures of the house prior to moving in. The burden of proof lies with him to prove not only was there damage, but that I caused the damage.

As a practical matter, the burden of proof in small claims court often falls down to credibility. It isn't quite the same as the burden of proof needed for criminal matters.

How do you prove that I left an Apple on the counter? I mean, that sounds completely ridiculous. How can he possibly prove that I caused any damage? Especially with other people in the house.


I am not claiming that one cannot sue for silly things; I am asking for advice in this matter.


1. Should I give him my new address?

2. If I don't, he takes me to court, I don't show up, he wins, WILL I HAVE problems coming into the country again?

No, it won't affect your ability to come and go provided that you're otherwise allowed to do so.


3. Any more advice?

Don't you agree that these allegations are silly? I am a nice and honest girl and he is trying to take advantage of my good nature.

C'est la vie!
 

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