Realty World - Sales and Rentals in Charlotte, NC

Threatening Lawsuits

Until recently, I have never heard as many people threaten lawsuits over the most minor and baseless things. It must be a sign of the economic times, I guess. Just yesterday, my first call of the day was from an irate previous tenant who claims I was stealing his family's money. He had moved from a house that we manage where he had rented for almost 5 years, and neglected to pay his last month's rent. Since he did not pay, we filed eviction against him on the 15th of the month, as is our policy. So when he moved out, he owed the last month rent, the eviction fee of $230, plus a late fee for the month that he didn't pay. In addition, there was a little over $700 in damages to the property that we charged him for. His deposit was applied to the total balance and a balance still remained on the account. Since he was not receving his security deposit, he claimed that I was stealing from him and that he was going to sue me. I'll let you know what happens -- 99% of the time, these threats are never followed through, so I don't anticipate hearing any more from him.

It seems that this is the latest en-vogue statement, the threat du jour as it were. Last month, I had to appear in court as a defendant in a lawsuit from a previous tenant who was angry that we had evicted her. The case was thrown out of court, but it was ridiculous that I had to take the time to prepare a defense, travel downtown, and spend my time in court over a baseless claim such as that. It makes me realize that our justice system is badly broken and in need of reform. Anyone can sue anyone for anything, and you have to defend yourself even it is all a bunch of bull. Had I not appeared in court, she would have prevailed in her lawsuit and I would have lost. Unbelievable!

As we navigate these incredibly tough economic waters, I suspect that things will get worse in this regard before they get better. That's why it is so important that everything is documented and notes are kept regarding the tenant and the situation. A professional property manager will do this, as is our policy. If you're managing your own property, I would urge you to consider hiring a professional property management firm, for your own liability if nothing else. Give us a call at 704-573-4106 and we'll be glad to talk to you about our program and how we can help.

Posted - 08/06/2010

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