Pardon, I was out all day; and today is a family day with guests. Please be patient with me, and work with me. Plus let keep in mind the time zone diffence.
I did have that section code, thx. This was my lead-in so I could get help on the bigger picture. I need help with wording my counter suite or how to turn this against the tenants 100% lies:
I'm a landlord.
This tenant didn't pay their rent in the month of NOV 2012.
Due to a computer melt down, and a host other short term complications (Mom goes into hospital, sever sewer backup in same building on Christmas Eve) in NOV-DEC’12 I had to rebuild my computer and accounting software and close out the year as well. In doing so I discovered in JAN’13 that this tenant had not paid rent for the month of Nov’12. I never miss something like this, EVER. So long story-short, so there was several serious complications in a short time frame for me.
Called Tenant about delinquency. Since I’ve been doing this for nearly 30 years I know the response I should get… hey let me check with my bank and see if it cleared. But not with this tenant, immediately he said that we’re good tenants and pay on time all the time and on and on (once you approach this tenant he is one continuous sentence after the other and doesn’t stop), I said you need to show me proof of payment/canceled check and he said that his bank doesn’t give out the canceled checks any longer and sent me a carbon copy of the check he supposedly wrote. I explained all he has to do is request it from the bank, and he said that they don’t do that any longer [hey we know different, all banks have to produce a cancelled check if requested.] If I could send you this evidence of this carbon copy you would see that the check was written on Nov 11th and that because he is showing me a carbon cop (picture from cell phone then texted messaged picture, HD clear as day) you could see the watermarks for the previous check written in Dec’12; and I just happened to have that previous check and the writing match. [ I wish I could send you doc’s to see this, you’d get a kick out of it.] I told Plaintiff/Tenant that is he could not show me proof of payment that I’d have to serve a 3-Day Notice, he immediately said without hesitation… do I have to call the police; I said sure go ahead. Then shortly after getting off the phone Plaintiff had his girlfriend call and told me that she is sending the missing paid rent check that I lost it and is charging me/deducting from check the $25 stop pmt fee. Of course I said I couldn’t lose a check I didn’t receive and continued with if you don’t pay the rent in full I’ll have to 3-day notice you.
I served them a 3-Day Notice to Pay or Quit.
They paid the rent within the 3 days, and then paid the penalties after I sent them a Bill Due letter with itemizations.
TEN days after serving the 3-Day Notice I get a call from a Detective telling that I have assault charges are being brought against me, though I don’t remember the exact charges I think it was assault and battery, and the case it being sent up to the District Atty for prosecution. Tenant had made a police report that I forced my way into his apt and pushed him down and did something physical. There is no truth to this report whatsoever, at all. Though I have not seen the report and can’t get it because I’m the alleged perpetrator (though I did subpoena it, and it will be sent to the Judge for the case hear.) The Detective and I spoke three times the day he called. The Detective said there was a witness, and I told him that is impossible because none of what he said happened, not one piece of the accusations had any validity whatsoever and there was no one around at all, not in his apt or outside at about 10:30 PM. On the third conversation that day with the Detective, I was told that the case is not being sent up to the Dist Atty and the report would just be held in-house on record and was recommended I speak with the Community Intervention Officer to help settle the differences, and was given the number. I called twice and never got a call back.
With the police report not being pursued or dropped; the tenant then filed a small claims action for: Breach of contract overcharging for fees when rent was paid on time. Defendant/me while serving the invalid 3-Day notice forced himself into our home shoved me down causing to fall backwards over a… (wording is cut off on Small Claims doc’s, must have run out of room.) [next item:]
How did Plaintiff calculate the money owed to you?: Plaintiff over charged $307.27 Pain and suffering and medical expenses.
So, since you don’t know me from shinola, allow me to digress a bit. I’m a successful property owner with many rentals in many different neighborhoods, in this business nearly 30 years; own this subject property (place of incident) since 1996. I’ve been to small claims court, conducted evictions (to many to count) and other court cases and I have never lost, or has anything like this ever happened to me. My penalties letter is accurate and there was no over-charging. By far all my tenants are happy with their apts and living conditions because I give a really nice apt and price them just a fraction below market. So I also have long term tenancy. The only tenants that don’t like me are the ones that don’t pay rent or break the rules; then I hold them accountable.
So, I have proof that he didn’t pay the rent at all in Nov’12, and proof that he attempted to give false proof of payment, and false proof of paying on time to me. With that said with what I have just mentioned which will validate my 3-Day Notice I’m about serve upon, at the time. All these are knock-outs from the start. I don’t need to do anything but properly serve the 3-Day Notice.
The Plaintiff has nothing other than, and this is my critique. The Plaintiff is depending on the Judge believing that something in the Plaintiffs outrageous claim exists, any fraction to this claim; and that is the only thing this person has going for him other than whatever way he decides to be even more crafty; plus the fact that he is dragging me into court with all this falsity.
What I need to do now is create the counter suit for small claims and at the same time set up so I can go after him in civil court, and hope that during the small claims hearing he’ll give up facts that’ll prove him for what he is.
And therein lies what help I need, or more. Prove him for what he is… I don’t know in legal terms and claims what or how it would be phrased.
Here is a little more Plaintiff/Tenant background: upon applying for the apt the Plaintiff said that he couldn’t prove what he earned because he works under the table for cash, thought his live-in girlfriend did have a good job. They agreed to come into the Lease with a double security deposit (2 months of rent).
Shortly after they moved in, I got a call that there toilet was cracked (not leaking, and fully working). The toilet did have a fracture line, though you had to really be looking for it. The call came in the evening, the next morning I heard the call and the plumber was going to that building that next morning so I told the plumber to replace the toilet. This Plaintiff/Tenant almost didn’t let the plumber into the apt to fix the toilet (the plumber who at the time had been working on this building exclusively for about 8 years), the plumber knocked on the door and was polite and professional as always giving him a heads up that he’d like to make this repair while there for another repair and perform the toilet replacement before he leaves.) Immediately the Plaintiff/Tenant attempted to recite laws and rules… you can’t come into my apt without a 24 hour notice. Plumber called me. I called the tenant and told him that I didn’t need such a notice since tenant has called for the repair and that the plumber is going to be there for a couple hours so just tidy up, get your affairs in order and let him in, the repair will take but a half hour, as it did and all was done.
Do you think you can help me think this through, as well as think in the box and out of the box?
Thanks for your time and patience.