Re: Landlord/Tenant Trial Next Week - Landlord Forum thread 330281

Re: Landlord/Tenant Trial Next Week by Benny (UT) on January 25, 2015 @16:51

"I didn't know they were moving out. I didn't like her or her roommate, so I gave them a notice to quit at the end of December"

So you retaliated against the tenant for looking at some other warm place to move to by giving notice to quit. The tenants attorney will probably drive that point home to the judge. How did they break their lease, if you issue a notice to quit?

"They didn't follow the warranty of habitability law" the one who failed to follow the law was just you! Habitability is the landlords responsibility!

"they were supposed to give me written notice about the heat problem" You had notice the heating system was not working from the fact that other tenants complained about no heat!

"didn't give me proper notice before filing their security deposit suit" No one has to give you notice that they are suing you in a landlord tenant law suit?

Quit trying to play the 'Poor little landlord' card!

"The heating company was there every day. They determined that the autofill device needed to be replaced" This is something that could have been diagnosed day one, as it's part of a complete basic system check.

"They didn't follow the law, broke their lease, and acted in bad faith" They didn't follow the law? What Law are you referring to? They broke their lease? You gave them a 'notice to quit'. Acted in bad faith? Really, you are stretching it!

If the boiler cracked due to the failure of the auto fill valve not working, the boiler could have had water added manually by monitoring the system. Either way, an auto fill valve would be just a one day replacement, why nine days?

Maybe, just maybe this boiler was well past its prime and should have been replace years ago!

This is not about the boiler, its about you giving notice to quit as retaliation, failure to return security deposit (treble damages) and the fact that you did not like them ( I didn't like her or her roommate). They must have felt it, otherwise why all this.

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Re: Landlord/Tenant Trial Next Week by Wilford (FL) on January 25, 2015 @18:54	[ Reply ]

The landlord can always say that she did not know how reliable the heat would be for the rest of the Winter and knew how unhappy the tenants were.

Re: Landlord/Tenant Trial Next Week by Anonymous on January 25, 2015 @20:55	[ Reply ]

Your not suggesting the LL tell a "little white lie", are you?

Re: Landlord/Tenant Trial Next Week by Anonymous on January 25, 2015 @22:25	[ Reply ]

After claiming a new $25000 boiler was just install and then say didn't know how reliable it would be, I can hear the court room burst out in laughter now when they hear such a remark!