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Landlord Evicting Me, and Threatening to Sue Me in Multiple Notes

Discussion in 'BlackHat Lounge' started by JesterJoker, Jun 30, 2009.

  1. JesterJoker

    JesterJoker Regular Member

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    So my current residence an apartment I have lived in for 6 ½ years, I got an eviction notice from. I live in the US, by the way.


    The landlord (my previous landlord’s wife) who took possession of the property about a year ago, and his death 3-4 months ago, made her want to move.


    She had never done a walkthrough of the place, and when turning in rent the past 2 months I complained about a huge hole in the roof. Were talking gaping big hole that leaks, just barely coming into the living space.

    She came to the point of having someone a friend who didn’t know what they were doing patch the roof, and call it good.

    She had never done a walkthrough of the property and had done this for the first time a few weeks back.

    Directly after she said she was moving and might be selling the house.




    Days later we get a note saying this is your notice I will try to give you a few months to move, and told us our apartment needed repairs, and she was going to sue us for damages done to the shower?? and thinks we didnt upkeep the apartment? (Which she had never seen before ever) The shower was patched years back by her friend the buddy of her deceased husband, not a plumber or handyman. The wrong materials were definitely used and she or I have no proof the condition it was in previous.


    I also called code enforcement, and just got there report.. its longer then my arm of stuff she has to fix that she has never maintained.
    I’m going to clean the place to as I found it, and I know there is regular wear/tear on apartments, but don’t know how much I can get away with.


    I have an infant, who of course has made enough spills in the carpet in the living room, in his first year of life, 20 times what we ever had in 6 ½ years to make it look a bit bad.


    Also we have blinds that are cracking/breaking because of years of the suns abuse and weathering.

    At this point im getting information on the life of carpets… maximum 6-7 years average life, and blinds….

    I have no security deposit, and have Notice to Quit for last day of July to be out.



    Any words of wisdom?
     
  2. BiggDipper

    BiggDipper Registered Member

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    If you don't have a lease then the owner can ask you to move at any time but I believe that if you have lived there for more than one year they must give you a 60 day notice and if under one year a 30 day notice she cannot just throw you out. She can sue you no matter what whether she is right or wrong but you will have to present your case. You may have to pay to replace blinds ad possibly some cleaning like carpet and painting but you are not liable for the full cost of any normal wear and tear on paint or carpets even if they are thrashed after 6 years they will be no matter what as matter of fact I believe after 2 years they must repaint the apartment before renting it out again anyways. If you have pictures from when you moved in that could save your ass but you should definetly clean it up and take pictures before you leave so if you do go to court you will be prepared to make a good argument. But in my opinon if you lived there for six years and she recently took control of the property then there is no way that she can prove what the condition of the proerty was before she took control and cannot hold you respnsible. anyways good luck brotha...
     
    Last edited: Jun 30, 2009
  3. 4alllifestyles

    4alllifestyles Junior Member

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    A couple things actually...



    1) Clean everything floor to ceiling. Use spackle on any holes in the walls, ReNuzit makes a great carpet spot treatment. Clean it all, then do it again, then do it again. Make it so clean that she can't say "but what about the ....."
    2) Buy a couple "throw away" cameras (real film cameras) and take detailed photos of everything with one of them.
    3) Take another round of photos of everything their "buddy" repaired, with detail. Write it all down, document it completely. Include statements from neighbors, friends who were visiting when the repairs were made, or before. If you can get something (even a recorded phone call) with their "buddy" that repaired stuff even better!
    4) Take it all to an attorney (including the note she left you) and spend the $200 for him to review it, and if necessary for him to write a "Cease and Desist" letter if she threatens you again.

    Make sure that if she sends you another letter, note, whatever to not respond to her directly. Do it through your attorney. He'll send the "Cease and Desist" letter warning her that you have documentation of the condition of the apartment, that she has no claim against you, and that if she should decide to follow through on her threat that you intend to countersue for the maximum legal damages in the most aggressive way possible.

    99% of the time that would be the end of it. If she's nuts nothing you do will stop her... But your preperation will ensure she won't get away with it.
     
  4. Chapati

    Chapati Newbie

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    Landlords can pretty much evict tenants whenever they want and for whatever reason, and you can't do anything but find another apartment. Basically it's their house and if they don't want you living in it, they don't have to let you (unless you have an active contract, in which case she would have to take you to court to evict you).

    But as far as her suing you for damages, there is a very, very low chance of that holding up in court. Even if you actually did the damages yourself it would be very difficult for her to get you to legally pay it. The damage deposit is pretty much the only security the landlord has. 7 years is a long time for a carpet's life, typically carpets are replaced after every tenant (even if its just a 12 month rent).

    I know because my family has been in the real estate business for years...

    EDIT: The above responses are wrong. I've done work cleaning up apartments after dirty as hell people lived there. Everything imaginable can be left behind (and has) - mounds of tens of thousands of cigarette butts, burnt floors and walls, milk cartons that expired 11 months ago, rats... You don't have to do a damned thing. You can spend a month taking a shit everywhere and when moving out the landlord will have to clean it up.
     
    Last edited: Jun 30, 2009
  5. «ó«ô»ò» Lurk «ó«ô»ò»

    «ó«ô»ò» Lurk «ó«ô»ò» Newbie

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    Don't get legal advice from here. All states are different and define their rules in a "Landlord Tenant Act". Search online for the one for your state. It will answer every question you have asked.
     
  6. JesterJoker

    JesterJoker Regular Member

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    yah that was my general assumption.

    The only carpet in bad shape is living room.. theres a permanent wear pattern coming from bedroom across living room.... .. and from the kitchen coming into living room..

    you enter the apartment in the kitchen. Everytime you need to piss you have to walk through the entrance coming into kitchen.. because bathroom is on other size of kitchen area.


    I figured that if she sues me its small claims court and after the code enforcement report gets put out on to the table with pictures of how she kept the property physically on the outside and structure, she will have a hard case to get any money.

    She will be going by what the landlords brother says.. but thats hearsay anyway. Theres a downstairs neighbor but thats the idiot doing all the repairs, and he will defend this bitch to the end probably...