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I don't talk to the LL here much I talk to the Maintance guys. Why is that so wrong?
As for her being cold at 80 well I feel like a block of Ice at 90! After a year complaining to my dr he Finally sending me to have my heart & legs circulation check. But really as a LL you couldn't tell what her problem was.
Hardwood floors are great unless you have dogs. A little pee can mess them up. So she was protecting Your floor with linoleum... Why would that be bad?
Yes you can go after her for Real Damages like the stove. But don't expect any money Fixed income living on Section 8 she wont have it.
You desperately need to get an attorney to muddle through this mess and give you some direction. The rental laws are the very first thing a LL/PM should get to know inside out and follow them to a T before ever drawing up a lease and/or getting one signed. You don't wait for serious and complex issues to arise and then learn the laws. It doesn't work that way and you will only find yourself in deep doo doo up to your ears like you are now.
No one here can give you legal advise that you seriously need.
You need to take a few deep breaths, settle down and focus. It is not doing you any good to go on and on about what has already happened. It is wasted energy and you can't change any of that now. Refocus and spend your energy on gathering whatever you have and take it to an attorney to sort it out and have them give you legal advise on what you need to do, and can do, moving forward.
You've acknowledged that she is probably judgment-proof, so suing her will not produce a financially positive outcome for you. Sadly, this is the kind of situation that gives Section 8 a bad name. Renting to financially stable tenants is a better idea.
I figured since I'd told her the deposit is not refundable and it stated so on the lease, I had at least that money to pay for some repairs....
You should remove this clause from your lease. It's illegal because it contradicts state law regarding security deposits and state law trumps what is in your lease. This is why you lost your court case and it's why you have a judgement.
You need to pay the judgement asap.
If you want to sue the tenant for damage 'after the fact', you can do that. But you need to have all the damage documented (before and after photos to prove she did it) and also you need to have the receipts to fix the damage. However, it's likely the former tenant will get another free attorney and then you might lose that court case and owe attorney fees again. Besides, even if you win, you'll never see a penny from her.
IMO, it's not worth the effort to sue her for damages. I would just pay the judgement and wouldn't take further action.
You should remove this clause from your lease. It's illegal because it contradicts state law regarding security deposits and state law trumps what is in your lease. This is why you lost your court case and it's why you have a judgement.
You need to pay the judgement asap.
If you want to sue the tenant for damage 'after the fact', you can do that. But you need to have all the damage documented (before and after photos to prove she did it) and also you need to have the receipts to fix the damage. However, it's likely the former tenant will get another free attorney and then you might lose that court case and owe attorney fees again. Besides, even if you win, you'll never see a penny from her.
IMO, it's not worth the effort to sue her for damages. I would just pay the judgement and wouldn't take further action.
OP should sue the section 8 tenant. If his suit has any legitimacy, the recipient will be forced to pay the judgment or lose their assistance from the housing authority.
OP, you sound just like my previous landlord. She never could keep good tenants for any length of time.
People are allowed to use space heaters, you know. If your electrical is so cheap that a fuse will blow every time your tenant plugs in her space heater, THEN BE DECENT AND UPDATE YOUR ELECTRICAL SYSTEM!
Now, you're gonna defy a judge and try to keep someone's deposit??
Last edited by Ultrarunner; 10-04-2015 at 06:12 PM..
Reason: Edit to remove personal attack
Do nothing and be prepared for a lien or garnishment
File and appeal
Pay the Judgement and move on.
Being a Landlord is a business and as such you need to know when to cut your loss.
Procedural changes in the way Section 8 is administered means I no longer accept new Section 8 renters... the biggest change was the Security Deposit no longer being covered by the Housing Authority...
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