房东被告的实例1—租客离开时定金处理（转帖于投资理财论坛）

房东被告的实例1—租客离开时定金处理（转帖于投资理财论坛）

如山整理

（2009年10月2日）

（一）

来源: vdong 于 08-03-29 18:30:02

I live and work in California/>/>. In 2006, bought a rental property(regular sale) in Dallas/>/> area in Jan 2006, hired a property management company to take care of the property. Got it rented out in April 2006 to a couple with 4 dogs and 3 cats :( They have $1700 deposit in property management company.
They informed us in March 2007 that they will move out when lease expire. After they move out, property management company try to clean the carpet($cost 250), but they still cannot get rid of the pets urine smell. So late they replaced most of the carpet, cost $1500 and charged tenant's deposit for it.
In Jun 2007, we got the court law suit. Claim the carpet was dirty and stained before they moved in, and also property management's closing statement was mailed out late to them(by 1 day!). So they want all their legal fees, deposit and 3 times bad faith penalty on 1 day late notice.
We hired a lawyer(refered by property management company, bad move) to handle the case. We try to settle the case, the other party just don't have any intention. Here is some facts after months deposition (already cost me $2000 legal fee).
1. The other party gave one set of move in condition check list after 3 days the moved in, they do mentioned there is couple of stain on the carpet.
2. The other party claims they send another set of moving condition check list and a letter to request carpet replacement, but my property management company never receive it, deposition prove they are lying, husband said he asked wife to send it in, the wife said she saw husband fax it in, and the form doesn't match.
3. My lawyer want to make the argument in the pet urine instead of the carpet dirty or stained. The deposition of property management agent and carpet replacement company support this claim.
4. We are only few days away from court date, the other party said will take settlement of $10,000. I rejected and decide to go to court.
5. The thing put me in bad situation is the conflict of interest of this lawyer, because he present property management company too. So he won't discuss what I can and should do with the property management company.
6. In my opinion, I did nothing wrong, I even did not know the carpet was replaced till June. Sending closing statement 1 day late definitely not my fault.
7. The property management company definitely has a lot of mistake in their handling, like when they got the moving checklist, they did not check it at all, the carpet is in good condition, it passed house inspection and loan apprasal inspection at buying. And they never sign the check list. I rented house and apt before, everytime I go through the house or apt with the landlord.

Question:
1. What do you guys think about this case?
2. No matter what result come out of the court, should I sue the property management company to cover my legal expense?
3. If judge rewarded other party the bad faith penalty, not sure how strict the law will interpret 1 day delay, I think that is actually better for me, right? Because that is all property management's fault.
4. I am still using this property management company now(house is rented out Jun 2007), if I sue them, can I change a property management company? We signed contract with them, they are a American property management company, in contract, there is cannot change during the lease term stuff.
5. I will go to court in Texas/>/> next week, what is the thing I should take care now?
6. It is a county distract case.

（二）

I posted my nightmare with a Texas/>/> rental property lawsuit a month ago, here is some update.

I flew to Dallas/>/> for the court on April 4, the court lasted 4 hours and still have couple of witness did not testify. So Resumed 4 weeks later. The property management company reviewed a new information, that even before they changed carpet, they received an application to rent the house. Judge rule that carpet don't need to be change in that case. Ruled I need pay back $1700 of deposit money, and tenant's attorney fee of $13000. I also got over $4000 attorney fee myself.
I started to check with other attorney, they all told me I should file a third part claim at beginning because clearly all problem was caused by the property management company. Also the attorney I have is in conflict of interest situation and that is why he never suggest that.
So here is what I did:
1. I filed complain to Texas/>/> bar to that attorney.
2. contact other attorney to sue the property management company
3. fired the current property management company and told him I will sue him to recover my lost
4. last week, property management company informed me that they have professional liability insurance, E&O (error and ommision) coverage and they already filed the claim.
5. Insurance company contacted me and ask for basic information.

Just cannot believe a $1500 dispute can be ballooned to over $20,000 lawsuit. Have my fingers crossed that insurance will cover this ...

Thanks!

（三）

ZTed again: Seaspearo's lawsuit in Taxes 2008-07-17 19:32:40/>
Talked with my Texas/>/> insurance agent(not insurance company) today. He said my liability insurance should cover this. They will defend me without any cost to me, even no deduction. I am just stupid, for somehow, always thought the insurance won't cover this. Asked him if it is too late, he said it should be ok because I don't know the insurance can cover this before.
Anyway, talked with property management's insurance again, told him I can settle for %20,000(they offered $15,000 now) and deadline is next Monday, if not, I will file claim to my own insurance.
What you guys think, should I take some loss or file claim?

如山总结

结合我以前文章的有关要点，总结一下这个故事的教训：

1. 查租客信用（checking credit）

2. 不买外地房做投资（大财团除外）

3. Landlord一定要follow law，绝不能像某些人那样做非法驱赶租客（Constructive eviction）

4. 让专业人士处理整个法律程序

5. 买足够的保险。我以前已经介绍过几次，可能没引起大家足够注意：我每个house personal liability是50万，另外再加100万umbrella（jy101兄应该也是类似）。我有过类似经历，虽然没到这个程度（改天我会写出来）。
   
   别的网友想到其它的请补充。

————

请读：《分析一下“老地主”的案例并给新地主一些提醒》 http://blog.wenxuecity.com/blogview.php?date=200909&postID=27558