My landlord is trying to serve me for summons for ridiculous reasons/amounts

[MX-5]

So, basically I moved out of my apartment 2 months ago. I left 10 days early, because I had already moved into a new place. I sent them a letter saying they can keep my 750.00 dollar deposit to compensate for the last 10 days, and any damages. Since they always insisted I paid them on the 1st even though I had through the 5th, I assumed they would rather just keep the money and not mess with anything, as I left the unit in good condition / clean minus normal wear and tear. I then got an email stating that I owed them 9,000 dollars in damages. This is INSANE. They have always been weird, coming over too often, etc. even verbally assaulted me when I pro-rated rent due to a busted water heater for 1 week. A sheriff went to my dad's house, and he told him we were "estranged" because I never left a new address, didn't do a walk-through etc. I know they renovated the place and are just wanting money out of me. I guess my question is, do I contact the officer and be pro-active, let them try to actually find me to serve me so I have time to find a good attorney. Either way, this is just ridiculous and I want people's thoughts or experiences with landlords trying to profit off you and renovate their place off of threats of suit.

 

[Gail in Georgia]

What state did this take place in?

"So, basically I moved out of my apartment 2 months ago. I left 10 days early, because I had already moved into a new place. I sent them a letter saying they can keep my 750.00 dollar deposit to compensate for the last 10 days, and any damages. "

Unfortunately this isn't your right to do this.

"I then got an email stating that I owed them 9,000 dollars in damages. "

What does this include?

Gail

 

[Just Blue]

So, basically I moved out of my apartment 2 months ago. I left 10 days early, because I had already moved into a new place. I sent them a letter saying they can keep my 750.00 dollar deposit to compensate for the last 10 days, and any damages. Since they always insisted I paid them on the 1st even though I had through the 5th, I assumed they would rather just keep the money and not mess with anything, as I left the unit in good condition / clean minus normal wear and tear. I then got an email stating that I owed them 9,000 dollars in damages. This is INSANE. They have always been weird, coming over too often, etc. even verbally assaulted me when I pro-rated rent due to a busted water heater for 1 week. A sheriff went to my dad's house, and he told him we were "estranged" because I never left a new address, didn't do a walk-through etc. I know they renovated the place and are just wanting money out of me. I guess my question is, do I contact the officer and be pro-active, let them try to actually find me to serve me so I have time to find a good attorney. Either way, this is just ridiculous and I want people's thoughts or experiences with landlords trying to profit off you and renovate their place off of threats of suit.

What state? (this is an important question, so please answer it. )
Did you have a lease...if so what were the terms of said lease?
Do you have move in/move out video/pictures of the apartment?

 

[MX-5]

1. Tennessee
2. Yes, it was a month to month at that point. I understand that not paying them for 10 days was a breach in the lease. I had already moved elsewhere with my girlfriend and it seemed pointless to stay and pay it plus I figured it would allow them an extra 10 days to get it ready for the next tenant and told them they could keep my deposit which should have covered move than enough of any damages/cleaning needed.
3. Yes, the move in and move out pictures look almost identical, however I didn't cover every square inch of the place but each room I took a picture of. I have their original Craigslist ad for when I moved in (those pictures). It's also been 2 months, so anything could have happened since I moved out right? Like, blame me for something that happened after the fact?

 

[adjusterjack]

Unless you want this hanging over you for years to come, which includes collection agencies and trashed credit, I suggest you contact this sheriff and arrange to be served.

Then you'll know what the allegations are and you can respond appropriately.

$9000 is within the Tennessee small claims limit so you are likely to be able to defend yourself without a lawyer.

 

[MX-5]

A lawyer may be more beneficial in trying to win though, right? Don't some lawyers benefit/get money if it's an easy win? Can I counter sue for inconvenience etc?

 

[MX-5]

Well, my dad said all it was was a sheriff serving me, didn't specify a reason and to call the sherrif and that it wasn't a warrant, so it could be a defaulted credit card : / hmmm mystery

 

[justalayman]

1. Tennessee
2. Yes, it was a month to month at that point. I understand that not paying them for 10 days was a breach in the lease. I had already moved elsewhere with my girlfriend and it seemed pointless to stay and pay it plus I figured it would allow them an extra 10 days to get it ready for the next tenant and told them they could keep my deposit which should have covered move than enough of any damages/cleaning needed.
3. Yes, the move in and move out pictures look almost identical, however I didn't cover every square inch of the place but each room I took a picture of. I have their original Craigslist ad for when I moved in (those pictures). It's also been 2 months, so anything could have happened since I moved out right? Like, blame me for something that happened after the fact?

You should have already paid for those last 10 days. Are you saying you were 20 days delinquent with your rent?

And what date did you give notice?

Was it written notice?

What day did you move out?

Did you provide the landlord with the keys on that day?



A lawyer is not going to accept this on contingency. It will be a flat rate or more likely an hourly fee.

 

[Shadowbunny]

A lawyer may be more beneficial in trying to win though, right? Don't some lawyers benefit/get money if it's an easy win? Can I counter sue for inconvenience etc?

Yes, you have a better chance to win with an attorney.

Yes, lawyers "get money" when they work for you. However, it doesn't matter if it's a win or a loss, you still have to pay them for the work they do.

No, you can't sue for inconvenience.

 

[adjusterjack]

A lawyer may be more beneficial in trying to win though, right?

Yes.

Don't some lawyers benefit/get money if it's an easy win?

If you are thinking you don't pay if they don't win, that's contingency and no lawyer is going to take a landlord tenant dispute on a contingency. You'll pay a retainer up front against his hourly rate. My guess: $1000 up front against $300 per hour. But you can call around to some lawyers and ask what their fees are.

Can I counter sue for inconvenience etc?

No.

But there may be other things you can countersue for. You won't know that until you read the complaint.

Well, my dad said all it was was a sheriff serving me, didn't specify a reason and to call the sherrif and that it wasn't a warrant, so it could be a defaulted credit card : / hmmm mystery

You aren't likely to find out until after it's handed to you. Ducking it could have some dire future consequences. Besides, if the sheriff can't serve you, the plaintiff will just pay a good process server to figure out how to get you served and all those fees will be added to your debt if you lose.

 

[FarmerJ]

You didn't say how many months you lived there or even give a lot of details as to what they claimed you damaged, but having that information could help some of us give you more information , EG I lived there for 2 years and they have claimed I owe them for a complete new paint job ? EG I lived there for 3 years and they are trying to charge me to re carpet , but the carpet wasn't brand new when I moved in , it had some light soil/ traffic patterns back then.

 

[mike_miller]

You can write a letter of dispute to the collections agency and also make sure if your lease agreement included a clause on the damage and the money you owe for it. You also have the right to ask your landlord to show the receipts for the money deducted and the landlord must provide the tenant a statement that specifies what the deposit money was used for and this statement cannot simply be a lump sum, there has to be a clear explanation.

 

[justalayman]

You can write a letter of dispute to the collections agency and also make sure if your lease agreement included a clause on the damage and the money you owe for it. You also have the right to ask your landlord to show the receipts for the money deducted and the landlord must provide the tenant a statement that specifies what the deposit money was used for and this statement cannot simply be a lump sum, there has to be a clear explanation.

You didn’t really read what mx-5 posted, did you?

 

[not2cleverRed]

You didn’t really read what mx-5 posted, did you?

Has Mike *ever* read a thread before posting?

 

[Just Blue]

Has Mike *ever* read a thread before posting?

No. He has not.