I am considering small claims court because my landlord has withheld my deposit and is asking for an additional $400. The unit was cleaned completely, with all aspects of their checklist followed, and there was no damage beyond ordinary wear and tear. They included 5 minor damages lumped together,... Read more »
Yes, if you lose, under the rules for these types of claims, you would end up being responsible for their attorney's fees and court costs.
It is very much true; however, the landlord has to go through a specific process in order for the eviction to be legal.
she had a husband and us three kids she left behind . Her husband which is my step father passed away a couple months ago. I'm trying to figure out whose names it should all be in, what are the best legal steps to take . Also my step father has two other children , that are not my moms. Would i... Read more »
It would really depend on how the deed was set up. Regardless, it sounds like you may need to consult with an attorney to discuss opening up an estate to handle your mother and step-father's affairs.
When I asked them not to bring it in.my home
If they are a tenant, give them adequate notice to vacate the property. If they are not a tenant, give them a letter asking them to leave, and if they do not, notify law enforcement, because they would be considered trespassing.
Unfortunately, Mississippi law distinguishes between dwellings and hotels, such that hotels are typically considered night-to-night, as opposed to the regular month-to-month circumstances for structures like apartments. In the absence of an extended lease or contract saying otherwise, the hotel has... Read more »
I actually only owe $28
Unfortunately, Mississippi law distinguishes between dwellings and hotels, such that hotels are typically considered night-to-night, as opposed to the regular month-to-month circumstances for structures like apartments. In the absence of an extended lease or contract saying otherwise, the hotel has... Read more »
Unfortunately, Mississippi law distinguishes between dwellings and hotels, such that hotels are typically considered night-to-night, as opposed to the regular month-to-month circumstances for structures like apartments. In the absence of an extended lease or contract saying otherwise, the hotel has... Read more »
I have the receipts for my prorated rent and security deposit that I never got back. I want to take her to court over the deposit and to pay for my hotel lodging since wrongful eviction. Do I have a case with no Written lease?
The default in Mississippi is month to month, such that the landlord has to provide a month's notice before terminating said lease, unless, however, you have broken a condition of the oral lease, such as not turning in rent in enough time.
Under the relevant statute, if a person does not pay their rent, then the landlord can begin the eviction process by giving them a three-day notice to pay rent or vacate the premises.
The landlord is requiring everyone in the complex to have the carpets professionally cleaned before vacating and to show proof with receipt, regardless if there is substantial damage outside of the “normal wear and tear”. The lease says nothing about professional cleaning, only “leave premise... Read more »
Take pictures. Taking pictures before moving in is often very helpful as well to show the condition of the carpet when you moved in, vs when you moved out.
You may have to make a claim to get your deposit back for this cleaning as it will likely be taken out of your deposit.
I worked and rented from the deceased 8 years. I was allowed to stay in the rental house in exchange for work or $300. It varied. I was told I could stay as long as I would like. Well, after he died, the son turns my water off without my knowledge. It was in deceased name, but it was furnished.... Read more »
You can ask them to show you a copy of the lease.
Many leases have a provision that allows termination after some period of time (often a year) and with some amount of notice (often 30 days). Your lease could have been written differently, you could pay the monthly rent and/or show the... Read more »
I did not sign a lease or was not give a key.
You may be able to recover the security deposit, particularly in light of the fact that you have not signed a lease yet. Typically, security deposits are only used to cover any sort of damage to the property, or if someone skips out on paying rent or breaks their lease.
I previously removed myself from a place my brother and I were renting with another roommate after issues with the roommate and our neighbors. My brother currently resides in the rental trailer and he had to go and grab something from inside (with me in the car, not stepping foot outside.) The... Read more »
Perhaps, particularly if the landlord informed you that you were not to come back on the premises, which is any of the property owned or managed by the landlord.
Shouldn’t they be responsible for upholding their end of the contract? I’m out of pocket paying for repairs and now I find out the electric bill wasn’t paid the last two months of the tenets occupation of the property. They don’t want to take any responsibility or pay the bills that are... Read more »
Assuming that you have a valid contract, because the company has failed to adhere to the terms of that particular contract, you may be able to terminate the contract, especially if they continue to be unwilling to follow it. If the company received funds that were supposed to be allocated to paying... Read more »
I move out and requested for my deposit back because my lease was up. The house was in good condition and the walls wasn't bad at all but my landlord took 125 out my deposit and claim it was for painting.
It really depends on what the language of your lease says. If there is language in there indicating that no painting is to be done, then a landlord may withhold some portion of the security deposit to return the property back to its pre-leasing condition.
I have been unable to find an attorney who can be with me at the court hearing in a few days. I think I can get the case dismissed at least giving me some time to find and hire an attorney to better represent the case.
From my research, Mississippi Code 89-7-27 states that if non-payment of... Read more »
It depends. Different landlords interpret the statutory provisions in their own way. E-mail may suffice, but the better practice is to do it via hand-delivery or certified mail. While it may not necessarily cause the case to be dismissed, it could get it postponed (depends on the judge).
Judge granted eviction and the next morning we had to leave and everything we own we had to leave including my 2 month olds clothes blankets formula etc. Everything we own.
Write a letter to the landlord immediately and keep a copy. Ask for a time and place to pick up your things. After a period of time they may be destroyed/disposed of.
if i got to the court to have my hearing done again can the creditor ask for additional money ?
Yes, you could be charged for the creditor’s additional attorney fees if you are found to owe the debt.
I've contacted the property manager and the regional manager and they've been dragging their feet on the issue. The problem has been going on for the past 6 months..
Depending on what your state's law provides for noise ordinances, nuisances, or disorderly conduct, you may be able to pursue a civil action against the tenants under a theory of "negligence per se."
As for the property owner or management company, they too may be liable under similar... Read more »
The township or police can be called. It's difficult with neighbors as they can take things personally. I have no magic answer.
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