Often in landlord lawsuits against a former tenant, the landlord will prevail in the suit (assuming the landlord has followed most of their court’s protocols to the letter as well as running a smooth and legal landlord business) After the lawsuit, many landlords then begin the arduous task of tracking down and collecting from the tenant. It’s not very often in a landlord lawsuit, the landlord settles with a tenant, but that is precisely what happened to me, and here is how it happened.
Before I jump into how this landlord settled with the former renter, let’s give a background of the tenant, and you will see why the lawsuit is being dismissed. The renter for this case will be referred to as “CJ.”
I met CJ when he and his daughter inquired about a rental. I met CJ and his daughter at the residence, talked with them, and immediately put them in without having performed any background checks. I went with my gut, and my gut proved me right…until the day he abruptly moved out.
For two years, CJ did okay as a tenant with two exceptions; He allowed his older son to stay at the property, and the daughter caused a bed bug infestation. I reminded CJ if the son stayed, he was still responsible for him and what happened in the home. This came back to haunt him in early 2012, especially when CJ’s son allowed his girlfriend to stay in the home too.
During the winter 2011, CJ and his son called about a bedbug problem. I was very sure they caused it, but not entirely confident. I agreed to provide the chemicals, and they worked to eradicate the bugs. Much later, while collecting rent, the daughter let slip she had moved out of the rental, in with her boyfriend, and back home, but while living with her boyfriend, she discovered a bedbug infestation in a couch they owned. CJ subtly elbowed the daughter to shush her up, but I caught it.
Flash forward to April 2012, shortly after April’s rent was paid, I get a call from CJ saying he’s moving because his son has become violent and is pushing him around, and he can’t take it. He told me how the son and his girlfriend were pill-heads, stealing his money and robbing people. CJ apologized immensely and I agreed to his moving out as long as CJ’s son removed his belongings. Contacting CJ’s son, I gave him seven days to remove his belongings. He asked for a little more, to which I did grant it. When that deadline expired, I demanded he removes the belongings immediately.
In early May 2012, I returned to the home to discover it was relatively clean, but the carpets were soaked. It seems a massive aquarium CJ’s son owned got turned over and flooded the first floor! I also discovered a massive pile of belongings and junk in the garage, which I learned CJ’s daughter had piled up.
Much later in the year, I sued CJ for the costs beyond his deposit of purchasing the flooring, hauling the trash from the garage, and my pretty high labor expenses. My time is valuable, so my hourly charges are too! I did not include the expense of ripping out the old carpet and laying the new flooring, as others performed that in lieu of a free month’s rent.
This weekend, CJ called to discuss the landlord’s lawsuit against him. CJ announced his intention to counter-sue me on the grounds of the bedbugs! I reminded CJ that I was fully aware his people were responsible. CJ then said his suit would include the carpet because I told him it would need to be replaced anyway. CJ is referring to his walk-thru, where I told him the carpet in the living room was snagged up and needed replacing. Growing tired of CJ’s blathering, I told him it was his right to sue his former landlord, and we’ll let the court decide.
CJ then asked about settling the landlord’s lawsuit outside of court. I inquired about his terms, and he offered to pay half of what I asked. I told him I’d think about it and phone him the next day. The next day I agreed to it, to which CJ was elated. I was elated as well because half of what I was suing for is a little over what I paid out-of-pocket to haul trash and purchase flooring, so I’m doing well enough.
While CJ lived in the home, I will admit I liked the guy. He was an okay renter in that he paid on time, all the time. Other than the bedbug problem, he was a good (not great) renter. I suspect he was a bit lonely as times that we spoke on the phone, he would talk of his problems and other events happening in the neighborhood. I highly suspected he would TRY to do the right thing and settle up on the lawsuit.
If there is a lesson to be learned here, one is to always ask for the top amount in your lawsuits against former tenants. You never know when the tenant will ask to settle the lawsuit, and you, as a landlord, can dismiss the lawsuit and still come out on top!
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