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So it ends up costing him more than the $219 - sounds like a brilliant plan.
If I were the landlord, I would sue this d-bag just to make his miserable life a little more painful...even if I lost money on the transaction, I would pursue every legal avenue available to me to mess this dude up.
Not a lot more, filing fees for under $500 might be as low as $50 or less depending on the state or county where they are filing. And if the tenant wins he owes nothing and the LL loses his filing fee cost too
The person was paying $400 a month rent. $279 is almost 3 weeks rent and very unreasonable. You can't hire DaVinci to fix your wall when Luigi will do it for less than 1/3 that amount.
Not a lot more, filing fees for under $500 might be as low as $50 depending on the state or county where they are filing. And if he wins he owes nothing.
You are quite the expert on the fees in a small claims court case. Gotta admit I have never been in one myself. Never sued anyone, never been sued in my 6 decades on the planet.
Wins? He damaged the wall. The only way he "wins" is if he convinces a judge that he didn't damage the wall, that this is a specious claim.
Some of you people live in an alternate reality from the rest of us, inviting lawsuits you can't possible win, telling strangers on an internet forum they should fight this in court, man, and stick it to the owner! The only person who is getting stuck here is the OP.
The person was paying $400 a month rent. $279 is almost 3 weeks rent and very unreasonable
Again, what is the relationship between the cost to repair the damage caused by the tenant and his monthly rent, or the minimum wage, or anything else? If the OP had set a fire in the house and caused $100k in damages, would you be arguing "but he only paid $400 a month in rent"? One thing has NOTHING to do with the other.
Again, what is the relationship between the cost to repair the damage caused by the tenant and his monthly rent, or the minimum wage, or anything else? If the OP had set a fire in the house and caused $100k in damages, would you be arguing "but he only paid $400 a month in rent"? One thing has NOTHING to do with the other.
Because a small hole can be repaired by anyone who knows or finds out how to do it. A car can't, fire damage can't. Agian you are using ridiculous analogies for your argument.
and the relationship and the damage and the cost of rent and the amount overcharged are all factors that a judge can take into account.
Because a small hole can be repaired by anyone who knows or finds out how to do it. A car can't, fire damage can't. Agian you are using ridiculous analogies for your argument.
and the relationship and the damage and the cost of rent and the amount overcharged are all factors that a judge can take into account.
My last LL wanted $150 for a cleaning fee "because she's old" according to the super who is her ex boyfriend. She's around 65 and dyes her hair with soy sauce. She works full time and is not disabled, She just wanted if because she's greedy. I told her if she deducted anything from my deposit she would see me in court. I had cleaned the place well and she returned the full amount.
Nothing makes me happier than to refund Security in full when a tenant moves and it happens more often then not.
Could be because California requires Landlords to offer a pre move walk through to discuss concerns... I find this is a win/win because it's an opportunity for everyone to be on the same page.
Some are very meticulous and very much want a full Security return... others have asked me if there Security is sufficient to cover damages and are happy when it is.
Contrary to what most think...
Small jobs are anything but small and jobs that are multistep and never small.
Damaged drywall for anything but the smallest of nail holes will require prep, possible backing, patching compound... dry time, possible second application to match texture after shrinkage, dry time, scuff sand, prime, dry time, top coat with matching paint or paint that must be tinted to match... in other words a custom color.
No short cuts unless the property is a tenement and the only concern is filling the void...
As others have said... each side appearing before a Judge may be the only way to resolve the issue.
As to costs... it takes $135 to fill the tank of my service truck that gets 10 mpg... depending on travel... half that $40 might pay for the gas to get supplies and do the job...
My last LL wanted $150 for a cleaning fee "because she's old" according to the super who is her ex boyfriend. She's around 65 and dyes her hair with soy sauce. She works full time and is not disabled, She just wanted if because she's greedy. I told her if she deducted anything from my deposit she would see me in court. I had cleaned the place well and she returned the full amount.
now you are the one comparing apples to oranges...
Ever hear the expression "life's too short"? Well I am here to tell you it is too short to waste my time arguing with people like you and the OP.
The law is on the side of the property owner in this case. First the OP wanted to argue that he didn't have a signed lease that spelled out damages. Well, the facts are he was a tenant - the legal term is "tenant at will" - and he paid rent, and he damaged the property - these are facts, and judges are concerned with facts. Whether he had a written and signed lease or not, he is under the law a tenant and he is subject to the tenant-landlord laws of the state that cover issues like eviction and property damage. He would be better advised to google the law in his state and read up on what is required of a tenant, and of a landlord, in disputes like this, rather than listening to idiots advising him to "get sued and you will win in court!"
The owner is under no obligation to allow the OP, an amateur, to repair the damage himself. The owner is completely in his rights to have it done professionally, and he is under no obligation to put the job out for the lowest cost bid or any such thing. For those who are arguing the amount involved in this case is unreasonable, i have to believe you are young, or just immature, or you just don't have any experience in the real world and how much it costs to hire people to do this or any kind of work.
OP, don't pay, get sued, and promise to come back and tell us what happened!!!
The fee charged is exorbitant. Any LL can get such a repair under $100. I just had a three SF damage caused by a water leak at a fireplace fixed for $100. And the repair is undetectable.
No reason to clean the carpet if the repair was done right.
This is what small claims are for. Let the Judge sort it.
Or OP offer half..and avoid the hassle.
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