Topic: | File small claims |
Posted_By:
Anonymous 2015-01-23 23:11:37 MST |
Friend of mine has a tenant who didn't pay rent and said he is going to file bankruptcy. She filed a five days notice to the tenant and prepare to file small claim to the court. Her property manager told her if she files the case and appears to the court by herself, she has a very little chance to win the case. But if she let the property manager stand for her and present in the court, the chance to win the claim will greatly increase because he is the witness. However, he will have to charge her $600 for the service. I would like to ask if that is true that a witness is needed in order to win the claim. If the landlord files the claim by herself without witness, even the tenant didn't pay rent for months, will the chance to win the claim and get the unpaid rent back will greatly reduce? The manager also told her the witness must be property manager but not a friend/neighbor/relative. Besides, what if the tenants damage the house which is needed to repair, can she mentions a note in court stating that the tenants are responable for any cost of the damage made in the property? Any suggestion will be deeply appreciated! |
Posted_By:
Anonymous 2015-01-23 23:12:07 MST |
I have been in a Small Claim Court once and listened to several landlord/tenant cases myself. I didn't see any landlord to bring any property manager or witness that day. I don't know the detail of your friend's case. However, my impression is that she might not need her property manager as long as she has some solid materials and evidence to show the judge and supper her case. The judge will definitely ask for materials/evidence, such as old checks, email communications between her and the tenant, .... Again, the house damage needs some evidence, what it looked like before, how it looks right now? how much will cost to fix it based on an estimate of an accredited company? .... By the way, Fairfax Small Court is open to the public and your friend can check the court schedule and attend a couple of them to see what happen in a Small Claim Court. Landlord/tenant cases are very common in a Small Claim Court. |
Posted_By:
Anonymous 2015-01-24 21:37:04 MST |
Just from my agent experience, in general, the chance your friends win the case should be the same as her manager in front of judge. However the manager can handle the tricks, which is very important. I suggest your friend hire the manager to do it unless the manager is very unreasonable or not responsible: 1. the manager knows how to handle the case (tricks) because her experience, especially for those "bad" and "professional" tenants. (you cannot image how bad some of the tenants can be). 2. If the manager charge only $600 for the WHOLE case, it is a great deal. So make sure ask the manager what the $600 covers (just for the initial hearing or entire case). Your friend should clearly understand and specify the rules of payments up front and make sure the manager is accountable. 3. Do not try to save "small money" and loss the big picture or big money. This is common mistake we all often make. The case can be very easy or can be lengthy (or complicate). If I were her, I would hire someone to handle it. It is really not worth the time, energy and psychological suffering .... Rental is a business. We make money from it but there is always cost. It is normal. 平常心态。 Good luck. |
Posted_By:
Anonymous 2015-01-24 21:45:39 MST |
Time is essence. settle the case before the court approves the filing for bankruptcy. Otherwise you'll probably not going to recover your loss. A lesson learned from my friend. |
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