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We have a tenant who illegally had a pitbull dog on the property. When we discovered this we immediately asked him to remove the dog. He eventually did, but then began complaining of repairs, textbook from the NC Residential Rental Agreeent Act; ie., electrical issues, lights flickering, outlets sparking & crackling, mold causing his wife to be sick, but not his 3 kids, etc...
He stated in every letter that he wanted to move his family because the house was not safe. He notified us that he was moving out and that we could keep his security deposit for the rent. We filed for possession and non payment of rent. The tenant then contacted the city inspector and he found an issue with the electrical panel box, which we were in the process of updating, missing weather stripping, missing striker plates, a hole in the drywall behind the washer, a missing downspout and a lavatory top not connected. When we went to court the magistrate dismissed our case because he said the house was uninhabitable. Now the tenants are suing for all the rent they paid, 2 months, their security deposit and an additional $1200 for their inconvenience.
When I spoke to the inspector he said that he did not determine the house uninhabitable, all items were mainly
cosmetic and the electrical panel just needed a couple of things changed, nothing dangerous. When I went in an inspected the house I discovered that they had removed several items, striker plates, door knob covers, and our electrician can find no evidence of any electrical problems, other than needing to change out a couple of breakers. They turned in their keys today, but left our brand new carpet with urine stains from their dog, the yard was never cut and the guy wants $100.00 to cut and clear, Torn screen, dirt/grease on windows and siding, etc.
My question is should we counter sue or just give them their deposit and hope for the best in court. They are suing me the agent and not the landlord, so I think they are suing the wrong party, but if I get to court I'm afraid I may get a magistrate who will say that they can sue me. What do you guys think? I hate these people! They have googled how to sue your landlord and built a textbook case and we got the one magistrate who believes anything that comes out of a tenant's mouth.....
I spoke to him on the phone before I knew they staged all the violations, he told me that they had to sue the landlord, not me the agent. He also said that the magistrate could hear the case and if I lost we could appeal. With the evidence that they staged these violations and they would not allow my electrician on the property to do the repairs, threatening to have them arrested should prove that they are trying to get something for nothing. Additionally the mold smell in thier bedroom was a small dead mouse in the wall. They claimed that the mold had made the wife ctrically ill.....
Sometimes people will find any method they can to get out of a lease and it might be best for both parties to let them go. Obviously your situation is past that point now and you have to fight the charges.
Very often it's recommended that tenants take photos of condition when they move into a place. As the agent, did you take photos or record the condition when they took possession?
Definitely do not return the deposit. If they are taking this to court, make the court order it be returned. That's probably the only money that will be received to repair their "staging."
You know the story about the snake who hitched a ride on the turtle crossing the river and got bit. After doing the snake the favor. And the snake said "Hey, you knew I was a snake".
You know one thing about this tenant. He's a snake.
If you give him anything, he will want more. He will use it to say you knew you were in the wrong.
Will the landlord not get involved? Any word on the tenant's behaviour in his previous rentals?
No, good references and they were so anxious to get this home. I have pictures of the home and their move in checklist and the only problem was the electrical issue and removing our frig so they could put theirs in. The landlord will do whatever I need, he is very supportive. He spent $5000.00 getting this house ready, new carpet, paint, light fixtures, etc.
Like you said they are snakes and I have my documentation, so we go to court in 2 weeks and I will let you know what happens. Thanks guys for all your comments and suggestions...
By the way they sent me a letter stating that I could keep the deposit to cover their last month's rent, wonder what the magistrate will say about that?
Assuming you were the rental agent, you seem rather naive and inexperienced in all this. I hope you are a quick learner.
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