It’s easy. Just make sure you have receipts for legitimate with holding from the security deposit. If you try to hold deposit money for wear and tear you will lose. I just read about a LL who with held deposit for crumbling grout in kitchen tiles. That was not damage caused by tenant and the LL lost. If they owe back rent that’s a super easy one. We had a LL try to ding us for the carpet. We lived there over 5 years and the carpet was 10 years old when we moved in. It was way past depreciation. When I called them on it they backed down.
The law and most leases are pretty clear on these facts. I have this conversation with landlords all the time. If you cannot prove that damage was caused through negligence or misuse, then you can't charge these repairs to the tenant.
Wouldn't be easier to just not rent to anyone who has ever sued somebody? That should make routinely stealing your tenant's deposit much easier. Only rent to tenants that lie down and take it. I'm done with non-corporate landlords.
What if you have yet to have the necessary work executed at the time of the trial but have legitimate price estimates for the work you detailed needs to be done?
I have a long term tenant that is so pissed I didn't sell him my house that he's put a mechanics lien (through his company) on my property for unauthorized (no contract) improvments (in his head improvments/ in my head WTF's). He stopped paying rent as soon as I gave him notice of non-renewal and 60 days to vacate, he said we owed him for these things he did at the house. I evicted him along with writ of possession but he still has this mecanics lien over me. I'm trying to sell my home but I can't because he will not sign the release of lien. It's cheaper for us to just let him extort us rather than sue him, but he won't even allow us to pay him off...so I'm stuck. He doesn't care about my abstract judgement becuase he has 3 other judgements (all in the last 2 years, he had a clean record when I first accepted application years ago) . I don't have to give him his security deposit back because of the rent owed and all the repairs over normal wear and tear but I'm about to just give him that in hopes he will sign the release of lien.
If this case is in Texas, it will likely benefit you to set a consultation so that the terms of the purchase can be discussed with the attorney. To schedule, follow the link below lawofficeoferniegarcia.as.me/schedule.php
My landlord made me get rid of my emotional support animal when I told her it was my emotional support animal she didn't want to hear it she even text me a few days later saying did you get rid of that cat
There are less than two weeks until my trial, where I am going to be representing myself and my roommates, which I have been working on for almost a year. I will be recommending your channel to my landlord after the trial, as he has handled the entire dispute in a poor and disrespectful manner. Their response to the suit was to file a counterclaim after ignoring all attempts to mediate or resolve the dispute. I can't go into too much detail and will verify what I can share after the trial, but I believe it would be a good example to go over in one of your videos, and I am willing to share what documents I can to act as a visual if you are interested.
@@LandlordAttorney This is a Texas case in Tarrant County; this is my first time representing myself in court, and I would not be opposed to any help you are willing to offer to help clear up some of my confusion around a counterclaim being filed at the end of the discovery period of the original claim, does doing so open the case for further discovery around the counterclaim? I am finalizing my document preparations tomorrow through the creation of an outline for my planned questions and organizing all relevant facts for the case to be presented in a concise manner.
@@ryanlee2028 You might benefit from a 30-minute consultation. The fee is $199. To set this up, feel free to call our office at 832-305-7694 or click here to book your own appointment online: lawofficeoferniegarcia.as.me/schedule.php
@dustinjohnson1240 I use #tenant here as an indication of the subject matter of the post, not necessarily to draw or detract a particular audience. However, tons of tenants have used many other videos of mine as a means of understanding the law and the law's application to real-life situations.
Thank you for this video. I now know what to be careful of when I go and sue my landlord. Scums.
@@samalfonzo1585 Consult with an attorney before filing a lawsuit like this. You wouldn't want to open the door for a counterclaim.
There are times in life when a person needs to be sued. Exceptions are rare.
It’s easy. Just make sure you have receipts for legitimate with holding from the security deposit. If you try to hold deposit money for wear and tear you will lose. I just read about a LL who with held deposit for crumbling grout in kitchen tiles. That was not damage caused by tenant and the LL lost. If they owe back rent that’s a super easy one. We had a LL try to ding us for the carpet. We lived there over 5 years and the carpet was 10 years old when we moved in. It was way past depreciation. When I called them on it they backed down.
The law and most leases are pretty clear on these facts. I have this conversation with landlords all the time. If you cannot prove that damage was caused through negligence or misuse, then you can't charge these repairs to the tenant.
Wouldn't be easier to just not rent to anyone who has ever sued somebody? That should make routinely stealing your tenant's deposit much easier. Only rent to tenants that lie down and take it. I'm done with non-corporate landlords.
I'm not sure that would be easier, but thanks for your comment.
What if you have yet to have the necessary work executed at the time of the trial but have legitimate price estimates for the work you detailed needs to be done?
If the repair is reasonable and has been properly requested, it is a duty of the landlord to go in and to make a repair.
I have a long term tenant that is so pissed I didn't sell him my house that he's put a mechanics lien (through his company) on my property for unauthorized (no contract) improvments (in his head improvments/ in my head WTF's). He stopped paying rent as soon as I gave him notice of non-renewal and 60 days to vacate, he said we owed him for these things he did at the house. I evicted him along with writ of possession but he still has this mecanics lien over me. I'm trying to sell my home but I can't because he will not sign the release of lien. It's cheaper for us to just let him extort us rather than sue him, but he won't even allow us to pay him off...so I'm stuck. He doesn't care about my abstract judgement becuase he has 3 other judgements (all in the last 2 years, he had a clean record when I first accepted application years ago) . I don't have to give him his security deposit back because of the rent owed and all the repairs over normal wear and tear but I'm about to just give him that in hopes he will sign the release of lien.
If this case is in Texas, it will likely benefit you to set a consultation so that the terms of the purchase can be discussed with the attorney. To schedule, follow the link below lawofficeoferniegarcia.as.me/schedule.php
My landlord made me get rid of my emotional support animal when I told her it was my emotional support animal she didn't want to hear it she even text me a few days later saying did you get rid of that cat
There are times in life when a person needs to ed. Exceptions are
There are less than two weeks until my trial, where I am going to be representing myself and my roommates, which I have been working on for almost a year. I will be recommending your channel to my landlord after the trial, as he has handled the entire dispute in a poor and disrespectful manner. Their response to the suit was to file a counterclaim after ignoring all attempts to mediate or resolve the dispute. I can't go into too much detail and will verify what I can share after the trial, but I believe it would be a good example to go over in one of your videos, and I am willing to share what documents I can to act as a visual if you are interested.
Good luck. If this is a Texas case, let me know if there's anything we can do to help.
@@LandlordAttorney This is a Texas case in Tarrant County; this is my first time representing myself in court, and I would not be opposed to any help you are willing to offer to help clear up some of my confusion around a counterclaim being filed at the end of the discovery period of the original claim, does doing so open the case for further discovery around the counterclaim? I am finalizing my document preparations tomorrow through the creation of an outline for my planned questions and organizing all relevant facts for the case to be presented in a concise manner.
@@ryanlee2028 You might benefit from a 30-minute consultation. The fee is $199. To set this up, feel free to call our office at 832-305-7694 or click here to book your own appointment online: lawofficeoferniegarcia.as.me/schedule.php
@@LandlordAttorney Would a consultation count towards reasonable attorney fees?
@@ryanlee2028 not usually. To recover attorney fees, the attorney generally has to take the case and appear at trial.
It’s annoying how many videos you have helping landlords and none helping tenants.
Well, I do refer to myself as the Landlord Attorney. There are channels dedicated to tenants. Mine just isn't one of them.
@@LandlordAttorney look at the #tenant and tell me that again.
I get it though, why help the little guy when the law give’s advantage to the rich guy?
@dustinjohnson1240 I use #tenant here as an indication of the subject matter of the post, not necessarily to draw or detract a particular audience. However, tons of tenants have used many other videos of mine as a means of understanding the law and the law's application to real-life situations.
I dunno. I'm a tenant, and I found this video very helpful 🙂
How did it help you?
I could have made a lot money by suing people and organizations.
Why not sue them now? What's kept you from suing sooner?