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Old 08-07-2012, 09:37 AM
 
2 posts, read 3,474 times
Reputation: 10

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Hello my girlfriend and I rented a home in las Vegas on a 1 year lease starting feb. 2012. The lease terms include $4,500 per month and a total of $10,000 security (refundable) deposits. After 6 months of us paying rent on time some job problems arose and we had to walk away from the house and move back to california. We alerted the landlord (not managed by a property management company) clean the house to as good or better condition than it was when we moved in. I verbally gave the land lord an ok to put the house for sale on the market which he has done. Anyways, he has decided to email me saying that if I do not send 1 more months rent (I've already givin him my $10,000 security deposits) which I do not have that he will go after myself and my girlfriend in small claims court? Technically 6 months remaining on lease amounts to $27,000 minus he has my $10,000 deposits. So total assumed amount would be $17,000. Now I know small claims court doesn't go up to that amount but can he be sneaky and do half to me and half to my girlfriend for the same reasons to get the most and avoid civil court? Also has is going after the remainder of the lease which technically doesn't terminate until jan. 31st 2013.could he possibly do a small claims court judgment against my girlfriend and I and get the full amount this month then technically sell the house this month and win win. Please advise me as we don't have any money now and don't want to deal with this any longer. We were kind enough to let the owner know are problems, let him put the house for sale on the market, move out, and have the house professionally cleaned for him. Now he says he will take me to small claims court. I've read that small claims court doesn't deal with eviction lawsuits. Would this technically be an eviction lawsuit even though we have moved out, returned keys, and so forth?
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Old 08-07-2012, 09:39 AM
 
2,180 posts, read 4,535,002 times
Reputation: 1087
small claims is 5k max... you broke a lease, what more is there to say.
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Old 08-07-2012, 10:00 AM
 
4,947 posts, read 10,808,514 times
Reputation: 8577
Quote:
Originally Posted by Daneatsbananas1 View Post
Hello my girlfriend and I rented a home in las Vegas on a 1 year lease starting feb. 2012. The lease terms include $4,500 per month and a total of $10,000 security
There's your first problem. That must have been one tricked out house for $54,000 a year.
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Old 08-07-2012, 01:29 PM
 
Location: Here and there, you decide.
12,908 posts, read 27,977,927 times
Reputation: 5056
Quote:
Originally Posted by Daneatsbananas1 View Post
Hello my girlfriend and I rented a home in las Vegas on a 1 year lease starting feb. 2012. The lease terms include $4,500 per month and a total of $10,000 security (refundable) deposits. After 6 months of us paying rent on time some job problems arose and we had to walk away from the house and move back to california. We alerted the landlord (not managed by a property management company) clean the house to as good or better condition than it was when we moved in. I verbally gave the land lord an ok to put the house for sale on the market which he has done. Anyways, he has decided to email me saying that if I do not send 1 more months rent (I've already givin him my $10,000 security deposits) which I do not have that he will go after myself and my girlfriend in small claims court? Technically 6 months remaining on lease amounts to $27,000 minus he has my $10,000 deposits. So total assumed amount would be $17,000. Now I know small claims court doesn't go up to that amount but can he be sneaky and do half to me and half to my girlfriend for the same reasons to get the most and avoid civil court? Also has is going after the remainder of the lease which technically doesn't terminate until jan. 31st 2013.could he possibly do a small claims court judgment against my girlfriend and I and get the full amount this month then technically sell the house this month and win win. Please advise me as we don't have any money now and don't want to deal with this any longer. We were kind enough to let the owner know are problems, let him put the house for sale on the market, move out, and have the house professionally cleaned for him. Now he says he will take me to small claims court. I've read that small claims court doesn't deal with eviction lawsuits. Would this technically be an eviction lawsuit even though we have moved out, returned keys, and so forth?
You've paid 37,000 on a 54,000 lease which you broke..(including security deposit)....You owe 17,000 if the home isn't rented out within the 6 months that you weren't there.. clear and simple.. he's probably going to shortsale which is irrellevent since you vacated the property prior to the ending of your lease... as for him going to small claims... that's a mistake on his part... he should go to civil court, get the judgement, and then wait till you have the money.. whether its next week or 5yrs from now.. and take it... i hope you don't have other property such as a house elsewhere or fancy car, boat, etc because that will be attached...
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Old 08-07-2012, 02:55 PM
 
2,700 posts, read 4,935,908 times
Reputation: 4578
Quote:
Originally Posted by StaggerLee22 View Post
There's your first problem. That must have been one tricked out house for $54,000 a year.
I agree..What kind of jobs did you have to make that kind of money and then suddenly no jobs....
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Old 08-07-2012, 03:16 PM
 
135 posts, read 293,064 times
Reputation: 81
interested to find out as well. strange.
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Old 08-07-2012, 07:34 PM
 
3,598 posts, read 4,946,654 times
Reputation: 3169
Quote:
Originally Posted by Daneatsbananas1 View Post
Hello my girlfriend and I rented a home in las Vegas on a 1 year lease starting feb. 2012. The lease terms include $4,500 per month and a total of $10,000 security (refundable) deposits. After 6 months of us paying rent on time some job problems arose and we had to walk away from the house and move back to california. We alerted the landlord (not managed by a property management company) clean the house to as good or better condition than it was when we moved in. I verbally gave the land lord an ok to put the house for sale on the market which he has done. Anyways, he has decided to email me saying that if I do not send 1 more months rent (I've already givin him my $10,000 security deposits) which I do not have that he will go after myself and my girlfriend in small claims court? Technically 6 months remaining on lease amounts to $27,000 minus he has my $10,000 deposits. So total assumed amount would be $17,000. Now I know small claims court doesn't go up to that amount but can he be sneaky and do half to me and half to my girlfriend for the same reasons to get the most and avoid civil court? Also has is going after the remainder of the lease which technically doesn't terminate until jan. 31st 2013.could he possibly do a small claims court judgment against my girlfriend and I and get the full amount this month then technically sell the house this month and win win. Please advise me as we don't have any money now and don't want to deal with this any longer. We were kind enough to let the owner know are problems, let him put the house for sale on the market, move out, and have the house professionally cleaned for him. Now he says he will take me to small claims court. I've read that small claims court doesn't deal with eviction lawsuits. Would this technically be an eviction lawsuit even though we have moved out, returned keys, and so forth?
Am I the only one who sees this post as INSANE!?!? The OP literally signed his name on the dotted line, putting him and his girlfriend legally on the hook for $64,000... the same amount it costs to simply buy a decent/modest condo in a safe neighborhood.

OP: You have expensive tastes... expensive, stupid tastes. How can you put yourself in so much financial jeopardy that losing your job would put you in this position? Where's your minimum 6 months of emergency funds? Oh yeah, you didn't save for that, did you... but you have no problem signing a year lease for an obviously extravagant place at $4500/month for TWO PEOPLE! Un-friggin'-believable.

Everybody complains about irresponsible homebuyers who bought more home than they could afford, but there are also irresponsible renters who trip their way through life without a solid financial plan. You are your own worst enemy. Sorry, but the truth hurts... maybe a lesson will be learned... probably not.
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Old 08-07-2012, 08:22 PM
 
Location: Metro Phoenix, AZ USA
17,914 posts, read 43,391,186 times
Reputation: 10726
Address the OP's questions rather than discussing the OP himself or the decisions made in the past. Thanks!
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Old 08-07-2012, 09:20 PM
 
2 posts, read 3,474 times
Reputation: 10
I am now living in California where my residency and employment has always been. Since I do not live in Vegas (anymore), Also i do not work in that state, nor have i ever. I understand that he cant take me to small claims court in Nevada under these circumstances, moreover wouldn't I have to be personally served papers for small claims or civil court? Also Im no longer employed and have zero assets, so i would only assume that if he were to go to civil court (if he could even find me, thus papers must be served. he would be wasting time and money. This is what a lawyer friend of mine of las Vegas has told me since. Any new imput.
Can we at least agree upon that Small Claims court is out of the question and he just saying that to scare me
He should be happy, I could have milked it there a couple more months unpaid, not allowing him to put the home on the market, forcing him to go through the Legal eviction process, thus leaving his home in a disaster for him to deal with. I could have made it a nightmare for him. .
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Old 08-07-2012, 09:30 PM
 
2,076 posts, read 4,070,939 times
Reputation: 2589
He is only "wasting his time and money" if you're willing to BK. The lack of assets and money today doesn't evaporate a judgement, he has 10+ years to collect and they can be renewed.

He could take you to small claims in CA, even with the property in NV. Not that it would be worth it.

Yes, you should justify your actions in your mind by rationalizing that you could have made it worse for him. Heck, you could have destroyed the house, HE should be happy you didn't do that! What an arrogant fool expecting you to pay your bills and treat other people like you'd want to be treated.

Quote:
Originally Posted by Daneatsbananas1 View Post
I am now living in California where my residency and employment has always been. Since I do not live in Vegas (anymore), Also i do not work in that state, nor have i ever. I understand that he cant take me to small claims court in Nevada under these circumstances, moreover wouldn't I have to be personally served papers for small claims or civil court? Also Im no longer employed and have zero assets, so i would only assume that if he were to go to civil court (if he could even find me, thus papers must be served. he would be wasting time and money. This is what a lawyer friend of mine of las Vegas has told me since. Any new imput.
Can we at least agree upon that Small Claims court is out of the question and he just saying that to scare me
He should be happy, I could have milked it there a couple more months unpaid, not allowing him to put the home on the market, forcing him to go through the Legal eviction process, thus leaving his home in a disaster for him to deal with. I could have made it a nightmare for him. .
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