Being sued by Property Manager (apartment, tenant, renters, credit report)

[MountainBiker]

We were served for small claims court - being sued by the property manager. The property manager is listed as the plaintiff and not the landlord. It would seem like it would need to be landlord (property owner) that would be suing and not the property manager... ?

We are disputing over damages for a house we rented. Basically the owner is moving back into their house, and (we feel like) are trying to stick us for new carpet.

We live in Texas, if it matters.

[KonaKat]

The property manager is, in this situation, the Agent for the Owner and they are the proper Plaintiff to be named.

Get your evidence and documentation ready in triplicate and don't be late to court. If you need advice, retain an attorney.

[bentlebee]

I agree, the property manager was the person who working for the LL and has all the right to sue you on behalf of the owner.

They probably have all evidence ready, so you better be ready too, if you want to win...they know what to do, you aren't the first or the last....

Perhaps it will cost less to settle, or you must be sure your proof is very good....a judgment can show up on your credit report and makes your score go down...so think before you act.

[texdav]

Originally Posted by MountainBiker

We were served for small claims court - being sued by the property manager. The property manager is listed as the plaintiff and not the landlord. It would seem like it would need to be landlord (property owner) that would be suing and not the property manager... ?

We are disputing over damages for a house we rented. Basically the owner is moving back into their house, and (we feel like) are trying to stick us for new carpet.

We live in Texas, if it matters.

The property management represents the owner in this case. Showup with your evidence in court to state your claims. Small claims is a easy court to deal with kinf of like judge wapners court.

[SVTLightning]

Read up on your landlord tenant act, it defines most situations, especially normal wear and tear. Usually you represent yourself in small claims court, and if you have documentation it helps your side tremendously!

[Houston3]

Originally Posted by MountainBiker

We were served for small claims court - being sued by the property manager. The property manager is listed as the plaintiff and not the landlord. It would seem like it would need to be landlord (property owner) that would be suing and not the property manager... ?

We are disputing over damages for a house we rented. Basically the owner is moving back into their house, and (we feel like) are trying to stick us for new carpet.

We live in Texas, if it matters.

"and (we feel like) are trying to stick us for new carpet."

How long did you live there and did you have dogs or cats that lived inside? It's almost impossible to get rid of pet smells.. Even if you can't smell it others can. Did you have kids that spilled red drinks on the carpet and it wont come out? Or did you do like one of my tenants did, cut a three foot square out of the carpet by a door.

Some renters think wearing out brand new carpet out in three years is normal wear and tear.... Trust me, it's not normal...

[bentlebee]

Originally Posted by Houston3

"and (we feel like) are trying to stick us for new carpet."

How long did you live there and did you have dogs or cats that lived inside? It's almost impossible to get rid of pet smells.. Even if you can't smell it others can. Did you have kids that spilled red drinks on the carpet and it wont come out? Or did you do like one of my tenants did, cut a three foot square out of the carpet by a door.

Some renters think wearing out brand new carpet out in three years is normal wear and tear.... Trust me, it's not normal...

The problem is often that tenants when they move out of their parents home they think that how it was at home, it should be normal to behave else where...Some people don't care much about how the house looks like and thinks that is okay....they easily forget how it was when they moved in and only remember how it is after they have lived there and hardly ever cleaned anything....when they are moving out they think that using a vaccum cleaner , it will do, the rest is wear and tear........WRONG!

[JS1]

Originally Posted by Houston3

"and (we feel like) are trying to stick us for new carpet."

How long did you live there and did you have dogs or cats that lived inside? It's almost impossible to get rid of pet smells.. Even if you can't smell it others can. Did you have kids that spilled red drinks on the carpet and it wont come out? Or did you do like one of my tenants did, cut a three foot square out of the carpet by a door.

Some renters think wearing out brand new carpet out in three years is normal wear and tear.... Trust me, it's not normal...

If it's cheap carpet, it can get worn out after three years.

[KonaKat]

It can be worn out possibly (if it's real cheap) but it won't be ruined by dirt and grime and spills unless people never clean or try to be careful. I just changed out carpet in an apartment lived in by same tenant for 2.5 years. I was perfectly willing to account for wear and tear but after two cleanings, could not get the.........ah, urine smell out. Normal after 10 years not in my opinion. I had 7 kids and sure they spilled things and threw up on things but I guarrantee you my house never smelled like pee. <ew>