First & Last time landlord/ Tenants from he@%*

[mark316]

First/Last time LL and tenants from h#*@

indiana
i have a lease that is notarized and signed by myself and my tenants. it expires oct. 15/2001. they are moving out in june, they didn't pay for may(told me to keep deposit for rent). they are going to be moving out of state(oregon). i am taking them to small claims court. am i entitled to collect rent for term of lease. i am planning on moving back into house in october. i am rooming with a friend and we have a verbal rental agreement till oct. 15. i don't want to default with him but i cant afford to pay house payment and rent to friend. i don't think it is right that they can break a lease without any penalty. can you advise me how to handle this situation or how to proceed in court. i have never been to court as defendent or plaintiff, i don't have a clue of what to do. there are damages to the house and they had pets, i told them the carpets had to be professionally cleaned(i have allergies) and he said they would do it themselves.PLEASE HELP!

[Edited by mark316 on 05-25-2001 at 02:32 PM]

 

[lawrat]

They owe you for the amount of time you didn't have a tenant during their lease and they owe you the security deposit (i.e. one cannot be used to replace the other). Security deposits are used for the damage incurred in your home.

File in small claims and make sure you have all bills agreements etc.
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I am a law school graduate. What I offer is mere information, not to be construed as forming an attorney client relationship.

 

[mark316]

Further Info

They didn't pay may's rent(675). They are moving out of state, so little chance of collecting anything once they move. Can you offer any advice on how to proceed once I am in small claims that will give me my best chance for winning highest amount of damages. I don't want to rerent the house again, I have no interest in ever going through this again. But after what I have been through with them, I feel they should be penalized. Also legally, can I take all or a portion of the depostit for breaking the lease. Around this area, it is common for the landlord to do that, but I don't know if it is legal. I am not a bad guy, but I have been naive and been really taken advantage of.

 

[mark316]

HELP FAST!!!! They are coutersuing. PLEASE Advise

Whole Story, as short as possible. I rented house to couple. We all signed notarized lease for one year. My roof leaked because of snow build up. No structural defects in roof. Ice caused water run up hill. My insurance said renters should cover with renters insurance, I'm not liable.
Approximately Feb 25, they backed car out of garage and knocked wall off of foundation. Said I should pay for car because I didn't have gravel down. The lease runs out in October. They are moving in June. Did not give me Mays rent, told me to keep deposit. I filed suit in small claims court, for the max allowed(3000 + 35). They have gotten a lawyer, he says if I don't drop suit. He will countersue for for defending a frivolous claim. I believe this is a bluff to get me to drop the suit. I don't expext to get the full amount of damages, but am I in danger from the countersuit or is this a standard action. He also says that they may seek damages from the leak. Supposedly $500 damage to clothes. I never saw clothes or any proof of loss. Please respond as soon as possible, I have a preconference trial on Monday the 4 of June. Please let me know what is best path to take. I am tired of being ripped off.