Almost tenant is threatening to sue. - Landlord Forum thread 359674

Almost tenant is threatening to sue. by James on September 2, 2019 @19:50

I'm relatively new to being a landlord. I had one of my units become available after a tenant moved out and left the place a mess. somebody I knew from barber school was looking for a place and I offered it to him. Big mistake. He paid first month and security deposit cash and signed the lease a week before the lease start date. He asked when he could start moving stuff in and I said the u it wasn't ready yet but in a gesture to build good will I told him he could pit some stuff in the back bedroom but no furniture yet. He took full advantage of this and came every night sending me a message asking when I would be home because he was coming to drop some stuff off. I quickly grew tired of this but shrugged it off because I knew he was excited to get his own first place. so I gave him a key to the side door of the duplex and took the door off of his actual unit. I live in the other unit btw. The very next day he shows up at 10 pm being super loud blasting music and smoking weed. He also brought furniture in and set all of the stuff up in every room of the house except the kitchen and bathroom. when doing so he scratched the floor up and put deep gouges in it. I had spike to him previously about not putting furniture in and when it is time to do so he would need felt pads on the furniture or he would ruin the floor. I stressed this several times. I also told him he was only able to put stuff in the back room only right now. when I confronted him about this he became very defensive and never once apologized or offered to fix the floors. I told him this wasn't going to work out and he instantly became apologetic and even begged. I told him it's better f we both cut our losses and move on. He started the tough guy attitude again and I pointed out this is why it wouldn't work. He said it's not about to happen like this and I explained to him that I have all the leverage and if he moved in he would be in default of the lease right away in many ways. one being that he didn't have renters insurance . I didn't tell him tgat because I didn't want him to get some.. after some back and forth he called me and said he was going to come tomorrow (the day the lease started) to get his stuff and his money. He came and got his things without incident and I made him sign a handwritten mutual lease termination stating he would receive his money and agrees to remove his property by end of day and that any liabilities expressed or implied by both parties will be absolved and released. I have him his rent and security deposit back and he left. I saw on fb him saying he would sue me and I asked him about it. He told me be prepared for a phone call fro. his lawyer and that he will be suing. I feel like I have protected mymyself legally but would like any input.

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Re: Almost tenant is threatening to sue. by James on September 2, 2019 @19:52	[ Reply ]

btw the floors and unit were all freshly refinished and remodeled and stated so in the lease. the floors were beautiful original hardwood from the 1920s

Re: Almost tenant is threatening to sue. by Garry on September 2, 2019 @21:18	[ Reply ]

So, as of today, Sept 2 at 6:00 pm, do you have possession back ? Has he given you his keys back ? Are ALL, ( 100% )of his personal items GONE ? Did you actually give him all of his rent and security deposit back, or just part of it? Now, if he is totally out, change the locks on the unit tomorrow, just to be safe. You are a newer LL, so learn from this experience. Fix and clean your place up again, and then advertise it for rent again. Take an application from EVERYBODY, no matter how well you know them. Then run it, and don't accept anybody that doesn't fit your qualifications. As of tonite, stop ALL communications with the person. Of all the former Ts that threaten to sue a LL, only about 1% ever follow thru.

Re: Almost tenant is threatening to sue. by Robert on September 11, 2019 @17:14	[ Reply ]

Your third sentence I knew you made a rookie mistake. NEVER rent to someone you know. Never let someone move in early. Take this as a early lesson and just be glad he is gone and read all the forms on this site and use them. At least you got a signed termination and gave him his money back right away. - you did that, right? and he moved out, so court is meaningless now.

Re: Almost tenant is threatening to sue. by Daniel (CA) on October 2, 2019 @12:53	[ Reply ]

nice long story, but throw it all away. admit to nothing especially in court. only deal with what you have in writing. next: watch Judge Judy and Peoples Court for a week: pay attention to Landlord cases. even ones with roommates. if you have his written notice of termination then that is great. Don't admit to any stories. simply rely on this lease termination that you accepted as the ONLY reason for the cancelation. You made big mistakes but you got him out, that has saved you $10,000+++ from eviction costs. If he sues then counter sue for the damaged floors. and in your pleadings ( your lawsuit) state that there was a mutual release and settlement, but if not then you are asking the court to award you $5,000. the cost for loss of rental and damaged floors caused by the early termination of the lease. If you have any of what you wrote above in text messages or written anywhere, ie admitting that you want him out early, then most judges today wouldn't see it as a breach by tenant but instead a breach by LL.