Reply to Courtney's Post: The Tenants viewed the property on December 1 and took possession
on December 2. It was agreed that because we had nearly 1/3 of our belongings in the home and it was not rented as "semi-furnished" we would have access to take our stuff out as we could. After "pleading" with us b/c she had no money to assist with utilities, as her roommate never moved in, we paid $306 toward heat. After having to go in on an emergency basis, costing me $650 out of pocket when she failed to fill the propane tanks and the heat went off (utilities were not included in the lease) I had enough and attempted to evict. She had not paid her rent and we filed a nonpayment of rent eviction. She showed up in court with a wad of cash and I lost the proceeding. It was downhill from then. She would not let us return to the property to take any more of our belongings. My Lease states: Tenant agrees to allow Landlord reasonable access to the residence for inspection and repair. Landlord agrees to enter the residence only after notifying the Tenant in advance, except for an emergency.
I hired an attorney to enforce this provision so that I could remove my belonging starting May 15 in anticipation of the end of her lease. My attorney wrote letters, had conversations with her, she would not comply. It did not state that it was mutually agreeable time, just advance notice, which we did. Each time, she resisted and stated she would file a trespassing claim against me. My attorney advised this was a baseless claim, but nonetheless, we did not access the property whatsoever. Part of the attorneys fees were that the management company was repeatedly denied access to show the property from Memorial Day weekend through June 15 to prospective tenants.
I would like to file a small claims court to recover: eviction proceeding fees, attorney fees for enforcement of the lease and the propane that she duped us into paying for. She claimed the "single mom" card and I was nice until I learned at the eviction proceeding that she sends her 3 year old to a private nursery school that costs $8K per year. Until the eviction proceeding she was living in our house paying $700 rent for a 4br/2.5bath house that she was to share with another "single mom" who decided 3 days after signing the lease that this person was "twisted". Even though the 2nd person didn't move in, she continue to pay her 1/2 of the rent, so as to live up to her part of the contract
, but she refused to help the "other one" pay the utilities.
I may not be able to recover the eviction proceedings, but at the very least I want to be able to recover the attorneys fees for enforcement of the contract. If I file small claims court, I want to list everything. I have monthly reports from my management report documenting everything as well as my invoice for my attorneys fees.
Now what do you think?