和房客打官司

Landlords, don't be afraid to go to the court

I was sued in the court but won the case!

I had one townhouse available by June 1st and advertised it in late April.

One gentleman viewed my property and put $500 deposit to rent my townhouse. Eventhough I found he had a recent bankruptcy, I still approved his application.

when I mailed him the deed of lease, he refused to sign it and wanted to modify it. He also asked the HOA document. By the very end of the month, I called him and asked if he was ready to move in, he told me that he could not as he had not given his then-current landlord 30 days in advance notice.

At this time, I told him that I was going to rent the house to someone else and if I could rent it out by June 1st at it's original price, I would refund him that $500 deposit, otherwise, I would keep it.

As no one wanted to move in so quickly, I had to reduce $50 for the monthly rent to rent it out quickly. I signed a one year lease with the new tenants, so I lost $600 for the lease term. As a result, I kept the deposit from the previous applicant.

This gentleman was mad at me and threatened to evict my new tenants and charge me attorney fee, lost of work, etc.

I told him I was not afraid to go to the court with him.

Eventually he sued me at the small claim court. I went to the court today. Unfortunately we were the last to be called by the judge and had to be there for the whole morning.

He told everything to the judge honestly, except one thing- he said we had not decided a moving in date so he had the right to chose at his convenience.

I told the judge I had made it very clear about the moving in date. I showed the judge the receipts from the moving company.

Then the judge told that I won.

That gentleman was extremely smart and professional, but the judge was even smarter and more professional.

I thought I was just lucky!

Then, a few days later, I received a letter from that gentalman informing me that he appealed.

I had to go to the court again.

We both waited a long time.
Then the judge called us.

We both went to the front and the judge asked why that gentleman had appealed.

He wanted to read the whole three pages of arguements, but the judge asked him to be brief.

Here is what he said-

First, the previous judge did not take my arguement.
Second, the previous judge had a novel interpretation of the agreement.

Then the judge said-

The judge had to choose one. You have no legal base to appeal. Motion denied.

I did not even have a chance to speak anything, but a "thank you"!

We both went out the door and I hold the door for him. I said hi to him, and he said "how are you" to me.
Then I said we were called pretty early today, he asked what's the time we were called the last time. I said it was almost after 12.

Then I saw him almost in tears, so I stopped and escaped.

For his part, he did not get the house and lost $500, plus court fee and time. So it is understandable. But I had to lose $600 because his irresponsibility.

Lesson-

Put the moving in date on the application and had the applicant sign the lease within three days after the approvement.