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I am a new landlord in North Caolina. I had a horrible tenant/roommate who (thank God) moved out yesterday.
When she moved out she still owed me about $200 in utilities. The utilities were split three ways. I pay the utility companies and then bill my tenants.
I said I would deduct the money from the security deposit. She said she must have the deposit (minus $50 for damages) back. She yelled at me for a long time and would not listen to anything I had to say.
She said she will pay me in January when she receives a financial aid check.
I am not a confrontational person and I do not react very well under stress, so I said ok. On the bill I gave her, she wrote "Due January 30th" and signed, and gave it back to me.
After my head cooled down I regretted what I said.
So:
(1) I said ok to pay in January, but she has no written record. She does not have a copy of the bill at all.
(2) The lease states that she is responsible for 1/3 of the utilities. I have the original bills from the utility companies to prove that I did not overcharge her. In fact I gave her some discounts because she was not home often.
I think I will just deduct the money anyways. If she sues me for "breaking my promise" at the small claims court she probably won't have a case.
Is there anything I should know about my situation? If the court decides to hear her case, how should I prepare for the hearing?
In other words, you want to sleaze out of the deal you made to make up for being a wimp?
Sure, go ahead, if you don't care about principles.
Better make sure she can't find a way to scream and yell at you afterwards....that will be so confrontational.
If you intend to remain being a LL, better learn how to deal with stress.
If it's in the lease you should never have agreed (in writing no less) to anything else. Live and learn. Obviously her fits work for her, so why should she change? You have to be the professional businessperson in your transactions.
In other words, you want to sleaze out of the deal you made to make up for being a wimp?
Sure, go ahead, if you don't care about principles.
Better make sure she can't find a way to scream and yell at you afterwards....that will be so confrontational.
If you intend to remain being a LL, better learn how to deal with stress.
and to add.....run your rental like a business, not a charity house. You are going to get yelled at and if you can't handle being a landlord, hire someone who can!!
You also need to learn your state's landlord/tenant laws.
Your lease should say she is responsible for 1/3 of the utilities, then if it is not paid you can deduct it from the SD, it is part of the rental obligation, as well as any damages and leaving the place as it was when she moved in...
I would raise the rent and include the cost of utilities, all utilities will allow you to budget the cost divided by 12,
Keep it simple..
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