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Micar

Constructive Eviction,Harrassment,withholding Security Deposit

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                 January 31,2015 my lease was up, throughout my year lease, my landlord repeatedly was on property unannounced. He would post breaches of my lease due to my moving a rock to parking 2 vehicles in driveway. He sent a notice 5 months into my lease informing me that he was withholding my deposit for damages to the rental. 1)  I had his permission to paint, and that I would repaint to its original color in interior of rental, 2) I damaged a bush that I offered to pay for, instead of this from me he is wanting payment for 3 trees that were removed that were dead,damaged ect. prior to my arrival. 3)Garage bay door motor quit, that I informed him on which was never repaired and the list goes on. I never had a moments peace at this residence. In Jan, I received a notice that affective Feb 1,2015 rent was going to be raised and that I would have to pay, the new amount of Security Deposit, and that the amount that he stated in July,2014 that I owed for damages to the property that previous deposit did not cover. I then received a summons for court prior to lease expiring for Feb rent, Security Deposit damages to the rental ( painting, depreciated carpet replacement, damage to bush, trees removed, garage bay door fixed, and utilities that I pay for. I have enter a counter claim been to court and offered that he keep the original  deposit to just be rid of him he is refusing and a trial has been set. I left the rental in ready to move in condition minus painting back to its origanal color white. I can't afford a high priced Lawyer, so what can I do to present my case properly in front of the judge that will be residing. I have pics, all notices he claims I was in breach of lease, not to mention suing me for amounts that he claims I owe prior to my lease ending and not properly informing me with the amounts. This man made it a living hell living there and I never got a chance to enjoy my home I paid on time even early for

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Collect and organize your evidence and present it to the judge in an orderly manner. Hopefully, you will have some documentary or photographic evidence to present.Even if you don't have much by the way of physical evidence, I thin it would be very helpful for you to write down and orderly, chronological list of facts. If nothing else, it will help keep you on track when you get the opportunity to explain your side to the judge. And remember, the landlord has the burden of proving his claims and damages (just as you will have to prove any counterclaims).

 

Just a couple thoughts on a few of your items. Are we to understand that you damaged a bush AND you also removed "dead" trees? As to the trees,  have proof they were dead? Photographs? Did you inform the landlord?  You might be on shaky ground here. And that garage door opener, did you damage it or did it merely quit working? If the landlord can't show that you misused it or caused its demise, he will be hard pressed to have you pay for it (unless your lease agreement provided for you being responsible for replacement of such items, and I wouldn't expect that it does). You'll probably be on the hook for repainting and the bush. 

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                               With the actions that the landlord had done, I was just waiting it out to the end of lease, never going online to see if I had any rights as a tenant for the constant harrassment that he repeatedly did throughout the lease. The Sherriff had been called once thru this time which was in Jan, 2015 from his calling, because my girlfriend refused his entering without proper notice, and I was upset with her for this, but later found out that he had to give 24 hr notice to come on property and his everyday arrival and going thru trash, that he had refused my usage for even though I paid for these services was illegal I have no documentation from law enforcement or by me sending notice to him for his behavior, do to my own stupidity. I have never experienced anything like this, I was just wanting the end of lease to arrive and get out

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Hi Micar,

 

To help you prepare for court, I suggest following the above poster's tips for presenting your evidence in a way that is organized, easy to explain, and easy for the judge to understand. You can read some more on how to prepare for your day in court here. Good luck!

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                            I did damage a bush from removing a water heater from my work vehicle, it slipped out of my hands and fell off truck which damaged bush. I offered to pay for it but he refused. It was obstructing the view of a tree that had a nest  from raccoons and was dead in that section. The other trees were dead. I have photos thanks to my girlfriend taking them without my knowledge. I have photos of the rental prior during and the last day upon leaving. The motor went out on garage door opener, so I had no access to parking in garage. I had a neighbor who caused damage to the window of his garage door, paid for it to be fixed, the garage was a common area we both could park or use as storage The window was never fixed and I was told that I was not to use as a storage area even though I paid monthly for this. I was having notices daily for anything he could come up with

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Dumplin, I read the post as to indicate that the landlord expected to get away with charging the tenant for removal of trees (dead pre-tenancy), as though the issue of the damaged bush could be exchanged for any other issue the landlord's heart desired (and presumably far more costly).  :)

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                                    I never did any removal of trees, I am being sued for the removal of them, I did damage a bush and he was notified from me and refused my offer for payment. As for the paint I was given permission to do this, but I never returned the walls to original white, I filled the holes from nails and touched up them with the color that I did apply them with during my time there. 

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                            I am in search of locating an Attorney, I would not be capable of presenting my evidence in an orginized fashion. My girlfriend had it orginized for me just for mediation, and I screwed that up. I am not able to afford an Attorney I would like to, but it being only a month til the trial date, I read that Attorneys need three months or more to prepare, I have no time for this, so I thought that I could get some type of help from feedback that I could use to prepare my case due to such a short amount of time left.

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I'm afraid this isn't something someone can walk you through over a message board.  No way would an attorney need three months to prepare for this small claims case, by the way.  :) 

All I can suggest is reading up about how to file and pursue a small claims case.  There is quite a lot of information out there.

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These issues are becoming much serious these days and causing lots of problems for a person specially if he or she is unaware from the law activities. Everything you can do is exhibit your case to a lawyer exactly in the way you've clarified it here and put your self on ease.  

Edited by Findlaw_JN
Edited for violations of the Community Guidelines. - Moderator

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Trying to figure out how Haley Harden, Esquire, of Charlotte, SC will help this person in Colorado and another in Idaho. Claudiasan seem to be very fond of Ms. Harden and has posted a link to her firm in exceptional poor English in several replies.

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These issues are becoming much serious these days and causing lots of problems for a person specially if he or she is unaware from the law activities. Everything you can do is exhibit your case to a lawyer exactly in the way you've clarified it here and put your self on ease.

 

Claudiasan (and any other members posting links for Ms. Harden) -

 

Please stop posting links to Ms. Harden's firm website in the body of your posts. This is prohibited by the Forum's Community Guidelines. If you must link to her website, you may do so in your signature line.

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