• 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 Example Interrogatories (questions) from Landlord to Tenant

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

I'm currently in a law suit with my tenant and need some examples of interrogatories. The tenant vacated the rental proerty prior to the termination of the lease agreement and there was considerable damage to the property. Any ideas, suggestions would greatly be appreciated.

Thanks.

S
 


LindaP777

Senior Member
I'm currently in a law suit with my tenant and need some examples of interrogatories. The tenant vacated the rental proerty prior to the termination of the lease agreement and there was considerable damage to the property. Any ideas, suggestions would greatly be appreciated.
Let start with who is suing whom and what for?
We can begin to help with questions unless we know the nature of the complaint.
 
We don't do homework.

But if you come up with some, I'll look at them.

No charge.
Thank you for replying. I would appreciate any advise you may have... no charge. :D

Questions to ask:

1. What documents did you send in writing, certified mail to the landlords/owners? Please produce these documents with proof of receipt.
2. During your tenancy, what documents did you send in writing to the landlords/owners concerning any defects or problems with the residence? Please produce these documents with proof of receipt.
3. Did the landlords/owners reduce the required security deposit from $2,000 to $1,000 due to your financial situation at the beginning of the lease?
4. Did the landlords/owners allow the Tenant’s to move in earlier then the original May 1st date?
5. Was there a new driveway, landscaping, front door, refrigerator, paint and carpet in the house prior to you moving in?
6. Did you engage in conversation with the landlords/owners about your interest in possibly purchasing the house at XXX I2345 Street?
7. Did you inform the landlords/owners of your intent to purchase another house? If so, when?
8. On what date and time did you inform the landlords/owners you were willfully breaking the lease?
9. Was there any vehicle maintenance performed in the driveway?
10. Did you receive notification that you were in violation of the terms of the lease agreement?
11. Did you pay all required utility bills, fees, and costs stipulated by the terms of the lease and by notification from owners?
12. Did you instruct BG&E in the month of November to turn off service to the residence?
13. In reference to item #25 of lease agreement, did you provide a written list of damages to the landlords/owners after 15 days of occupancy? If so, please provide with landlord’s/owner’s proof of receipt.
14. Did you sign and initial item #29 of lease agreement that you would pay for all repairs/replacement of any appliances, including service visits up to $500.00?
15. Did you get written permission from landlords/owners to install a satellite dish? Does the lease restrict the satellite dish from being installed on the roof? Where was your satellite dish installed?
16. What date did you return the last of the keys to the landlords/owners of residency?
17. Did you have the carpets professionally cleaned? Produce receipt from the professional carpet cleaning service.
18. Did you clean and maintain a sanitary condition to the residency, which included the exterior grounds of the property?
19. Did you receive verbal instructions from owners/landloards to have an exterminator address the roaches and other insects in the residence?
19. Did you hammer a nail or screw into the exterior of the front door to hang something?
20. Did you willfully violate the terms of the lease agreement?

Documents to produce:
1. Signed Lease Agreement from Tenants
2. Signed Lease Renewal from Tenants
3. Any documents and/or correspondence Tenants plan to produce at trial
4. Names of witnesses with address and phone numbers
5. Criminal records of any witnesses (goes to creditability)
6. Any documents mailed to the landlords/owners along with signed copies of the USPS Certified Letter Receipt.

7. Settlement/Closing documents to XXXX ABC Street, Annapolis, MD XXXXX
8. Real Estate Agent’s Contract (Buying Agent)
9. Real Estate Agent’s Contract (Selling Agent)
10. Mortgage Loan Documents for XXXX ABC Street, Annapolis, MD XXXXX
11. Checking Account balance in Tenant’s Name from 6/1/06 – 4/30/07
12. Savings Account in Tenant’s Name 6/1/06 – 4/30/07
13. Current Employment Pay and Earnings statements from 6/1/06 – 4/30/07
14. Any Vehicle Registration in Defendant’s Name
15. Any Vehicle Loans in Defendant’s Name
16. Do you own or have any interest in any real estate?
17. State all recording documents of deeds to any such property.
18. Are there any liens, mortgages, or encumbrances against any of your properties? If so, give the full and correct name and address of the creditors and balance due.

19. Employer’s name, address, phone number, your salary, paid commission, manner in which commissions are calculated, and what days/dates are you paid?

20. If any self-employment, what interest do you have in inventory, supplies, machinery, equipment or tools?

21. Do you have any life, health or other insurance with a cash surrender value or from which money is or will be due to you? If so, state the name and number of the policy and full and correct name and address of the insuring company.

22. Have you received any money judgments from any court within the past 24 months? If so, state the nature of the action court location, case number, amounts received and date judgment entered?

23. Are you entitled to any refund on either or both of your last federal or state income tax returns? If so, for what amounts? Have you received any of this money to date?

24. State the description, amount, and location of any and all stocks, bonds, US Savings Bonds, or other securities which you own or in which you have an interest in?
State the amount and location of any cash you have on hand.

25. List and describe any automobiles, trucks, or other motor vehicles owned by you or vehicles in which you have an interest. Are any of these vehicles used daily in your work or by your children or family members? Are any of these vehicles mortgaged? If so, sate for what amount and the full and correct name and address of the mortgagee.

26. State the amount, description and location of any and all other personal property you own or have an interest including household furniture and fixtures, motorcycles, boats, photographic and electronic equipment, jewelry, and any other movable property. If any of this property is mortgaged, state for what amount and the full and correct name and address of mortgagee(s).

27. State the full and correct name and address of any and all persons, firms, and/or corporations to whom you owe any money.

28. List and describe any and all rents, notes receivable, and accounts receivable, on an open account or otherwise, due or payable to you or in which you have an interest. State the full and correct name and address of the debtor and the amount due as of this date.
State the full and correct address of the location of your financial books and records and if you employ the services of a bookkeeper or accountant, the full correct name and address of such person.

29. What is the amount of your deposit with any utility company (gas, electric, water and sewer)?

30. What is the amount of your deposit with any telephone company

31. What is the amount of any deposit with any satellite or cable company?

32. For a period of one full year prior to the commencement of this legal action against you until the present, have you or your agents, employees, relatives, if any, closed out any checking, savings, commercial, or other financial account which was in your name, individually or together with other people or business, in any bank or other financial institution? If so, for each of such closed accounts state the full and correct name and address of the bank or institutions.

33. Supply a copy of your last Federal income tax return.

Thank you. :)

S
 

seniorjudge

Senior Member
Let start with who is suing whom and what for?
We can begin to help with questions unless we know the nature of the complaint.
Yeah, answer that.

My word...you cover everything from the Louisiana Purchase forward.

You have shotgunned all over the place, so tell us the answer to Linda's questions first.
 
Let start with who is suing whom and what for?
We can begin to help with questions unless we know the nature of the complaint.
We are suing the former tenants for violating the terms of the lease agreement and for damages to the property. The specifics - the tenants renewed their lease agreement for an additional year, which would have terminated in April 2007. However, in late October 2006, the tenants informed us (the owners) they had bought a house and were moving w/no advance notice. We advised the tenants they may cancel the terms of the lease agreement only if they comply with the cancellation fee and terms of the cancellation clause in the lease agreement. Those terms are as follows:

14. CANCELLATION FEE.
You may cancel your obligation under this lease by delivering to Owners in writing a notice of your intention to cancel Lease by:
A. Giving Owner at lease Sixty (60) days notice from the first day of the month; and
B. Payment of all monies due through the date of cancellation; and
C. Payment of a cancellation fee equal to one month’s rent; and
Notwithstanding anything to the contrary contained herein, Tenants understand that the Cancellation Fee represents an accommodation to Tenants in the event Tenants desire to cancel this Lease prior to the expiration hereof. Tenants understand and agree that the Cancellation Fee represents damages to the Owners for the administrative expense of replacing such Tenants and in no way shall be characterized as punitive damages. Such payments will release Tenants from any further rental obligations and liability beyond the date the cancellation is effective. However, all other terms of this Lease and the Security Deposit Agreement must be complied with, through the date of vacation of the Premises on or before the effective date of the cancellation. Owner shall retain all remedies for non-compliance with the Lease and Security Deposit Agreement, and Tenants shall be liable for any damages of non-compliance and all advertising costs to re-rent said premises.
-------------------------

The tenants failed to comply with these terms. We have several certified letters to them requesting payments for unpaid utilities, water, sewer, advertising expenses, and repairs. However, the tenants refused to return our calls and letters and when we did finally get a hold of them, we were told they can only afford to pay us $100 a month and to take them to court... so we did. If they can afford a $400,000 house, they can afford to pay the outstanding charges owed to us. The tenants had a contract with us, before they ever had a contract with the home owner they purchased the house from.

Here are the items we are suing for:

12/18/06 Annapolis Water Bill outstanding balance
Annapolis Water Bill prorated from 12/21/06 - 1/1/07
BG&E utility bill thru 1/01/07
Cancellation Fee for Breach of Lease Agreement
Advertising costs with Capital Newspaper
For-Rent yard signs (advertisement)
Rental property showings
Interior house cleaning
Roach fumigators
Carpet restretching throughout house
Deluxe Carpet Cleaning Service
Drywall repair, paint and supplies
Shrubbery/Landscape replacement due to tenant neglect
Lawn care and yard clean up
Smoke Detector replacement
Kenmore dishwasher replacement
Kenmore dishwasher replacement hardware
Kenmore refrigerator shelf replacement (includes sales tax)
Hood filter
Three (3) toilet seats
Kerosene
Two (2) fire logs
Three (3) floor registers
15x20 Filter
Administrative Fee
5% late fee on 12/28/06 Notice/Invoice
Driveway damage repair costs
TOTAL = $8,500.00

Thank you for your assistance. :)

S
 

seniorjudge

Senior Member
If I were your judge, here's what I would allow:


5. Was there a new driveway, landscaping, front door, refrigerator, paint and carpet in the house prior to you moving in?

8. On what date and time did you inform the landlords/owners you were willfully breaking the lease?

10. Did you receive notification that you were in violation of the terms of the lease agreement?

11. Did you pay all required utility bills, fees, and costs stipulated by the terms of the lease and by notification from owners?

12. Did you instruct BG&E in the month of November to turn off service to the residence?

13. In reference to item #25 of lease agreement, did you provide a written list of damages to the landlords/owners after 15 days of occupancy? If so, please provide with landlord’s/owner’s proof of receipt.

14. Did you sign and initial item #29 of lease agreement that you would pay for all repairs/replacement of any appliances, including service visits up to $500.00?

15. Did you get written permission from landlords/owners to install a satellite dish? Does the lease restrict the satellite dish from being installed on the roof? Where was your satellite dish installed?

16. What date did you return the last of the keys to the landlords/owners of residency?

17. Did you have the carpets professionally cleaned? Produce receipt from the professional carpet cleaning service.

18. Did you clean and maintain a sanitary condition to the residency, which included the exterior grounds of the property?

19. Did you receive verbal instructions from owners/landloards to have an exterminator address the roaches and other insects in the residence?

19. Did you hammer a nail or screw into the exterior of the front door to hang something?
 

Cvillecpm

Senior Member
Forget interrogatories - go for discovery of documents.

If it is your case, you should already have the answers.
 

seniorjudge

Senior Member
Here are the items we are suing for:

12/18/06 Annapolis Water Bill outstanding balance
Annapolis Water Bill prorated from 12/21/06 - 1/1/07
BG&E utility bill thru 1/01/07
Cancellation Fee for Breach of Lease Agreement
Advertising costs with Capital Newspaper
For-Rent yard signs (advertisement)
Rental property showings
Interior house cleaning
Roach fumigators
Carpet restretching throughout house
Deluxe Carpet Cleaning Service
Drywall repair, paint and supplies
Shrubbery/Landscape replacement due to tenant neglect
Lawn care and yard clean up
Smoke Detector replacement
Kenmore dishwasher replacement
Kenmore dishwasher replacement hardware
Kenmore refrigerator shelf replacement (includes sales tax)
Hood filter
Three (3) toilet seats
Kerosene
Two (2) fire logs
Three (3) floor registers
15x20 Filter
Administrative Fee
5% late fee on 12/28/06 Notice/Invoice
Driveway damage repair costs
TOTAL = $8,500.00





I'd ask for all these. Ask for the farm, settle for a goat.

Depending on when you re-rented the apartment, you probably have a $1K or $2K case.

If you want to impress the judge, don't be so danged pouty and bitchy. You sound like you are mad at them for leaving.

Make it sound like a business deal. The less emotional, the more you will impress the judge.
 
Here are the items we are suing for:

I'd ask for all these. Ask for the farm, settle for a goat.

Depending on when you re-rented the apartment, you probably have a $1K or $2K case.

If you want to impress the judge, don't be so danged pouty and bitchy. You sound like you are mad at them for leaving.

Make it sound like a business deal. The less emotional, the more you will impress the judge.
We re-rented the house in January of this year. Not being bitchy... just upset they didn't inform us sooner. I am an extremely fair person. However, when I inspected the place, it was in sad shape inside and out and the fact that I put a good amount of money into the house prior to renting it just upset me further. The driveway was just paved the year before and the damage caused by the tenants is over $3,000 dollars. Here is the break down of the damages:

Then your damages are one month of lost rent plus whatever damages you can prove.

And I mean actual and direct damages that you can show a dollar amount for.
Receipts available for review.

$77.90 12/18/06 Annapolis Water Bill outstanding balance
$22.71 Annapolis Water Bill prorated from 12/21/06 - 1/1/07
$91.04 BG&E utility bill thru 1/01/07
$2,075.00 Cancellation Fee for Breach of Lease Agreement
$484.40 Advertising costs with Capital Newspaper
$15.69 For-Rent yard signs (advertisement)
$250.00 Rental property showings
$300.00 Interior house cleaning
$57.06 Roach fumigators
$300.00 Carpet restretching throughout house
$290.00 Deluxe Carpet Cleaning Service
$111.45 Drywall repair, paint and supplies
$214.98 Shrubbery/Landscape replacement due to neglect
$225.00 Lawn care and yard clean up
$7.34 Smoke Detector replacement
$449.98 Kenmore dishwasher replacement
$12.59 Kenmore dishwasher replacement hardware
$56.06 Kenmore refrigerator shelf replacement (includes sales tax)
$9.43 Hood filter
$25.20 Three (3) toilet seats
$8.89 Kerosene
$3.97 Two (2) fire logs
$9.35 Three (3) floor registers
$0.59 15x20 Filter
$200.00 Administrative Fee
$138.04 5% late fee on 12/28/06 Notice/Invoice
$3,100.00 Driveway damage repair costs - $3,100.00
$8,536.67 TOTAL

Also, I feel that if a tenant wants to go out and buy a house and break their lease, this is just additional cost associated with being a home owner. Just my $.02 . :D
 
Last edited:

Cvillecpm

Senior Member
You would be better served to get an expert witness - a local or nearby CPM * Certified Property Manager * who can testify as to the rental market condition when you re-rented and the costs you are charging...

Don't waste money otherwise. Your case is very clear cut....depending on your state limit, it is really a Small Claims action. You will have trouble with the appliance replacement as the judge will pro-rate any "remaining useful life" so get an appliance repairman's assessment for this.

Don't "telegraph" your case with questions via questions you propose....
 

seniorjudge

Senior Member
Here are the things which are NOT damages:

$2,075.00 Cancellation Fee for Breach of Lease Agreement
$484.40 Advertising costs with Capital Newspaper
$15.69 For-Rent yard signs (advertisement)
$250.00 Rental property showings
$300.00 Interior house cleaning
$57.06 Roach fumigators
$300.00 Carpet restretching throughout house
$290.00 Deluxe Carpet Cleaning Service
$111.45 Drywall repair, paint and supplies
$214.98 Shrubbery/Landscape replacement due to neglect
$225.00 Lawn care and yard clean up
$7.34 Smoke Detector replacement
$9.43 Hood filter
$8.89 Kerosene
$0.59 15x20 Filter
$200.00 Administrative Fee
$138.04 5% late fee on 12/28/06 Notice/Invoice
$3,100.00 Driveway damage repair costs - $3,100.00


And that is being generous (on my part).

Also, I feel that if a tenant wants to go out and buy a house and break their lease, this is just additional cost associated with being a home owner. Just my $.02 . :D[/QUOTE]
 

Find the Right Lawyer for Your Legal Issue!

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