• FreeAdvice has a new Terms of Service and Privacy Policy, effective May 25, 2018.
    By continuing to use this site, you are consenting to our Terms of Service and use of cookies.

Need advice to represent myself in small claims

Accident - Bankruptcy - Criminal Law / DUI - Business - Consumer - Employment - Family - Immigration - Real Estate - Tax - Traffic - Wills   Please click a topic or scroll down for more.

klyncher

Member
What is the name of your state? RI
I live in NJ. On 6/9/06 I was summoned to appear as a defendant by a rental mgmt co I hired in 3/06 to find tenants for 2 apts.They recommended some repairs to make the apts more appealing (not mandatory).Due to time constraints I agreed to allow a construction co they recommended (claiming no affilitation ) to do the work for $720 which consisted mostly on handy work. THe quality was substandard at best and worth $200-300. All repairs were done with the exception of the closet plaster repair.I agreed to deduct the repairs from the tenants 1st mth/deposit they had collected ($800 + $800).

The mgmt fee was $800 (1 month rent) and the other $800- $720 was due to me. On 5/1/06 am notified that the tenant refused to sign the lease arguing that the repairs she was promised by the mgmt co were not completed which the mgmt dismissed as false. On 5/2/06 the tenant signs the lease and as per the mgmt co she agrees time for "repairs" but not noted on lease .On 5/3//06 while they were moving in,the tenant/ husband calls me for the 1st time crying that they signed the lease without a walkthrough only because the mgmt co swore all the repairs were completed and they wanted their money back. Ultimately I agreed with the mgmt co owner/realtor to make a list of what was required by RI housing code and to allow me 30 days to complete, instead what I received was a blind faxed signed agreement between the tenant and mgmt co as my"agent" bounding me to complete new repairs (mostly cosmetic) in 30 days or refund tenants deposit. I was livid since the mgmt co knew it was impossible considering my financial status at the time and didnt consult with me. I called the tenant and voided the repair agreement and her lease offering her deposit back.

I then canceled my contract with the mgmt co.Upon the tenants threats of suit they later decided to refund the tenant in full
($1600)and sue me for the rental fee and repairs totalling $2300.The only invoice I've received was for the repairs and I informed them that until they refund the tenant I didnt owe them anything since the repairs were deducted from her deposit. They were to notify me of the refund so I could remit payment for the "newly due" repair invoice. They never notified me instead I was summoned charging breach of contract claiming I've failed to pay them a non existent bill (never got an invoice for services) and for the substandard repairs completed by const co they owned. THe only bill I've received were for the repairs.

The tenant was refunded on 5/31/06 and they filed suit on 6/6/06. I've since discovered also that their const co bond/insurance expired on 4/12/06 and according to RI Dept of Contractors they're not permitted to conduct business if insurance not updated on file, they have 2 former complaints and according with the RI Business Reg Dept/Real Estate the mgmt co is not licensed/registered to perform any realty service without a license.
Although the mgmt co owner is a lic salesperson with REmax he's not permitted to conduct realestate services under his rental mgmt co unless he's a lic broker.

My questions:
Is the information on the owner/realtor lic , mgmt co license and const bond/ins relevant to my case. In addition ,they charged for work I didnt approve and demanded payment anyway. Immediately after I canceled my co ntract with them they retaliated with threats of a mechanics lien for the repairs. I never argued not to pay them for the work but now I have changed my mind on how much they deserve.
Can I counterclaim for the rent I lost due to their misrepresentations to the tenant about the repairs??
Do I need the tenant as a witness or need a notorized statement?
Does another estimate of the repairs done help or a statement from a contractor stating the poor quality of the work completed?
Dont they have to bill me for services before filing suit?. THe rental mgmt contract has no clause for cancelations and was told could cancel anytime.
Can they sue for services on a unit which was never rented (2nd apt) nor approved for rental by owner ( I needed to approve the tenant) ?.
Is it true that even if I hire an attorney I need to be present on the trial date/in court.

Thanks for any ideas and your advice.:)What is the name of your state?
 


seniorjudge

Senior Member
klyncher said:
What is the name of your state? RI
I live in NJ. On 6/9/06 I was summoned to appear as a defendant by a rental mgmt co I hired in 3/06 to find tenants for 2 apts.They recommended some repairs to make the apts more appealing (not mandatory).Due to time constraints I agreed to allow a construction co they recommended (claiming no affilitation ) to do the work for $720 which consisted mostly on handy work. THe quality was substandard at best and worth $200-300. All repairs were done with the exception of the closet plaster repair.I agreed to deduct the repairs from the tenants 1st mth/deposit they had collected ($800 + $800).

The mgmt fee was $800 (1 month rent) and the other $800- $720 was due to me. On 5/1/06 am notified that the tenant refused to sign the lease arguing that the repairs she was promised by the mgmt co were not completed which the mgmt dismissed as false. On 5/2/06 the tenant signs the lease and as per the mgmt co she agrees time for "repairs" but not noted on lease .On 5/3//06 while they were moving in,the tenant/ husband calls me for the 1st time crying that they signed the lease without a walkthrough only because the mgmt co swore all the repairs were completed and they wanted their money back. Ultimately I agreed with the mgmt co owner/realtor to make a list of what was required by RI housing code and to allow me 30 days to complete, instead what I received was a blind faxed signed agreement between the tenant and mgmt co as my"agent" bounding me to complete new repairs (mostly cosmetic) in 30 days or refund tenants deposit. I was livid since the mgmt co knew it was impossible considering my financial status at the time and didnt consult with me. I called the tenant and voided the repair agreement and her lease offering her deposit back.

I then canceled my contract with the mgmt co.Upon the tenants threats of suit they later decided to refund the tenant in full
($1600)and sue me for the rental fee and repairs totalling $2300.The only invoice I've received was for the repairs and I informed them that until they refund the tenant I didnt owe them anything since the repairs were deducted from her deposit. They were to notify me of the refund so I could remit payment for the "newly due" repair invoice. They never notified me instead I was summoned charging breach of contract claiming I've failed to pay them a non existent bill (never got an invoice for services) and for the substandard repairs completed by const co they owned. THe only bill I've received were for the repairs.

The tenant was refunded on 5/31/06 and they filed suit on 6/6/06. I've since discovered also that their const co bond/insurance expired on 4/12/06 and according to RI Dept of Contractors they're not permitted to conduct business if insurance not updated on file, they have 2 former complaints and according with the RI Business Reg Dept/Real Estate the mgmt co is not licensed/registered to perform any realty service without a license.
Although the mgmt co owner is a lic salesperson with REmax he's not permitted to conduct realestate services under his rental mgmt co unless he's a lic broker.

My questions:
Is the information on the owner/realtor lic , mgmt co license and const bond/ins relevant to my case. In addition ,they charged for work I didnt approve and demanded payment anyway. Immediately after I canceled my co ntract with them they retaliated with threats of a mechanics lien for the repairs. I never argued not to pay them for the work but now I have changed my mind on how much they deserve.
Can I counterclaim for the rent I lost due to their misrepresentations to the tenant about the repairs??
Do I need the tenant as a witness or need a notorized statement?
Does another estimate of the repairs done help or a statement from a contractor stating the poor quality of the work completed?
Dont they have to bill me for services before filing suit?. THe rental mgmt contract has no clause for cancelations and was told could cancel anytime.
Can they sue for services on a unit which was never rented (2nd apt) nor approved for rental by owner ( I needed to approve the tenant) ?.
Is it true that even if I hire an attorney I need to be present on the trial date/in court.

Thanks for any ideas and your advice.:)What is the name of your state?


You have started SEVEN other threads on your problem.

Post your questions in one of your prior threads.
 

klyncher

Member
Sorry, I finally got it . I'm obviously not familiar with forums procedures. I am a slow learner but I get it , had I paid more attention to your requests and not think you were just being diffucult I could have avoided spending all those precious hours re-posting my issues.
I am just overwhelmed and stressed out with this never ending rental property nightmare. Oh and by the way, I finally sold (cheaply) the property!!! HURRAY!!!!!

Sorry again!!:eek:
 

Find the Right Lawyer for Your Legal Issue!

Fast, Free, and Confidential
data-ad-format="auto">
Top