landlord taking tennant to court for damages beyond what deposit covered

[jewele]

minnesota-i did not return damage deposit due to carpet ruined from dog/cat urine and claw marks on three doors. damages are well over the $500 damage deposit. i have pictures and pieces of stained carpet/padding. what are my chances of re-couping the remaining $900 for replacing carpet and doors in small claims? tennant claims that since we were aware of pets, we have no right to keep deposit.

 

[I AM ALWAYS LIABLE]

minnesota-i did not return damage deposit due to carpet ruined from dog/cat urine and claw marks on three doors. damages are well over the $500 damage deposit. i have pictures and pieces of stained carpet/padding. what are my chances of re-couping the remaining $900 for replacing carpet and doors in small claims? tennant claims that since we were aware of pets, we have no right to keep deposit.

My response:

Your chances are excellent. Your former tenant's proposed defense is meritless.

IAAL

 

[JETX]

Before you get all ready to 'go a courtin', you need to read up on the Minnesota Statutes, Chapter 504B about Landlord and Tenant Laws.

For example, did you give the former tenant an written accounting of the security deposit and damages within 3 weeks of moveout (504B.178, Subdivision 3)??? If not, you are in deep ca-ca.

Also, did you pay him interest on the security deposit while you had it??? If not, whoops!

Also, you need to pay particular attention to Subd 7:
"Subd. 7. Bad faith retention. The bad faith retention by a landlord of a deposit, the interest thereon, or any portion thereof, in violation of this section shall subject
the landlord to punitive damages not to exceed $200 for each
deposit in addition to the damages provided in subdivision 4. If the landlord has failed to comply with the provisions of subdivision 3 or 5, retention of a deposit shall be presumed to be in bad faith unless the landlord returns the deposit within two weeks after the commencement of any action for the recovery of the deposit."

 

[jewele]

Reply to Halket

Thanks for the info, but already read up on this. Sent her the first letter after two weeks with detailed information regarding damages, plus copies of all receipts. Also, I did include the interest that accrued during her tenancy. This has all been spelled out for her very clearly. I then sent a follow up letter asking her if she would please contact me and we could set up a payment plan. I now feel that I have given her a fair amount of time to come up with some type of agreement and the time has run out. I feel that this is my only alternative to resolve the situation.

 

[JETX]

"Sounds like you have done well, Grasshopper".

Please be assured, I was not trying to confront any possible failures on your part, but only trying to let you be aware that these cases are not always 'slam-dunks'... especially in the common fact that a lot of landlords get caught in not realizing their legal responsibilities to the tenant. In this case, you seem to have followed every step of the statute.

So, reluctantly, if you are going to recover your additional damages (or at least get a judgment), you will need to prosecute your claim in the Small Claims court. It sounds like you need to anticipate a counter-claim from the former tenant. (And, I agree with IAAL - the fact that you knew that they tenant had a dog is not tantamount to exempting damage done by their failure to control their dog.)

 

[jewele]

How should I prepare for Small Claims

I would like to submit my claim form on this very soon. The clerk at the county office told me not to attach anything, but to be clear and to the point on my form. I feel I need more than a paragraph to explain the situation. I have pictures and a piece of the damaged carpet. How do I prepare for this so that the judge knows I did my homework? How do I let the judge know that I have these exhibits? Need some helpful tips on preparing and presenting.
Thanks!

 

[I AM ALWAYS LIABLE]

Re: How should I prepare for Small Claims

I would like to submit my claim form on this very soon. The clerk at the county office told me not to attach anything, but to be clear and to the point on my form. I feel I need more than a paragraph to explain the situation. I have pictures and a piece of the damaged carpet. How do I prepare for this so that the judge knows I did my homework? How do I let the judge know that I have these exhibits? Need some helpful tips on preparing and presenting.
Thanks!

My response:

Along with the filing of your formal complaint, you can write up a "trial brief" (and it means just that, "brief") and have the clerk file it along with your complaint. That will give the judge a better overview of your case prior to the hearing.

As far as the exhibits are concerned, you merely bring all exhibits and other documentary proof with you to the hearing. You don't need to attach any exhibits to your claim. As the hearing progresses, the judge will ask you for certain "Proof" of your allegations. That's when you whip out your exhibits.

IAAL

 

[jewele]

Well, just received an a summons for Conciliation Court...she beat me to it!

Her claim is very simple stating that she complied with all requirements of said lease and deposit was not returned.
Am I not understanding something here? She may have complied with said lease, however, damages were way beyond Normal Wear and Tear as I see it.

Will the judge look at this as beyond normal wear and tear, or that the landlord just wanted to replace the carpeting?
If my husband is named as the defendant, must he be the one to present our case? I am the one who is pursuing this and has done all the research and the one who had the last contact with the tennant.

 

[jewele]

Puzzled by Judgement

We won our case against our past renters, however, puzzeled by the amount of money. The judgement was mailed to us in the amount of $92.50. We were requesting an amount of $924.50 for total damages. The Referee seemed obviously in our favor, so we are puzzeled by this odd amount. Could this possibly be a typo (someone forgot the 4)? If we call, do they keep records of what the Referee took notes on and would they make a correction? It just seems very strange that the Referee pretty much scolded the renters for leaving the place in such bad condition and was disgusted with the evidence we brought in. Should we just be pleased that we won, or check into this? Thanks!!

 

[I AM ALWAYS LIABLE]

My response:

If it is a typo (and I rather think that it is), it's worth a phone call to check it out, don't you think?

Just say, "Hey, Bub ! What gives with the $92.50 ? Do you think I was born yesterday ? What? You think I just jumped off the turnip truck, schmuck? Get it together, and amend the damn Judgment !" Or words to that effect.

IAAL