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Is the landlord responsible if he damages a tenant's computer?
Yes, the landlord is responsible. But keep in mind that this is not a landlord/tenant issue: it's a small claims issue. So this is heard in a small claims court inquired, not a landlord/tenant court.
Can you lock a tenant out by changing the door locks if they have not paid their rent?
In the US, a landlord or co-tenant is not permitted to change the locks because of unpaid rent. Instead, you must file eviction papers with the local court. It can take time, but if you don't follow the law you can be fined. You can sue in small claim's court for back rent.
What is a small claim in NC?
In North Carolina, cases where the amount claimed is less than $5,000 and many landlord tenant disputes are heard in small claims court. Generally in North Carolina small claims court, there is no jury and no lawyers. For more information on small claims cases in North Carolina courts, see the related link.
Is there a form for a general denial in Texas small claims court?
is small claim court in texas for contracts
Where do you originate your small claim if you are the plaintiff?
Small claims court in the county where the defendant resides or the county in which the claim arose.
What means Judgment for Claimant?
A judgment claim is a claim you bring into small collections court. This is a usual type of claim for when someone owes you a small amount of money.
As a landlord how can collect rent owed to me from a tenant that was evicted through the court?
You can try suing the former tenant for back rent due in a civil suit. If you are successful you can obtain a judgment lien that can be used to seize any property they own to satisfy the judgment. You should visit your local small claims court to see if your claim falls within its jurisdiction. It is the least expensive way to go.
How does a landlord sue a tenant for unpaid rent?
Have you written a demand letter to the tenant? If not, why? Many tenants will work with you--references are getting more and more important and landlords can post unpaid rent at http://nopaytenants.com/. Information on how to write a demand letter can be found at the Related Questions below.If you find that the tenant will not work with you, you will need to proceed with legal action. You options are:Small Claims Court: This is the easiest and cheapest method of suing for unpaid rent. Small claims court is a court where the process is designed for laymen. In fact, in most states, no attorneys are allowed in small claims court unless they are being sued there. However, each state has a jurisdictional limit for small claims court. You cannot sue the tenant in small claims court for an amount that exceeds the jurisdictional limit. See the below link for each state's jurisdictional limit.To file a small claim, fill out a simple form at your local courthouse and a court date will be set up. In some jurisdictions, small claims are required to go to mediation first, so a mediation date may be assigned as well.The tenant will need to be served with the small claim form well before the first hearing. Most courts have a brochure explaining the options you have to serve the tenant.At the mediation, no witnesses are allowed, but be prepared to show through your rental contract and accounting records that the tenant owes you rent. If you are unable to settle through mediation, you must go to trial. At trial, you must bring all witnesses, contracts, documents, and other evidence that prove the tenant owes you rent. The tenant will have to show evidence why he or she does not owe you money. After hearing the evidence and giving each party the chance to cross-examine the other party's witnesses, the judge will make a decision.Small claims court decisions can be appealed in some jurisdictions. The Small Claims Court Resource Center, which can be found at the link below, will give you a great deal of information about the small claims process.Civil Court: Civil court is where you go if your tenant owes you more money than your state's small claims jurisdictional limit. You could also sue in civil court if you are uncomfortable with small claims court. In civil court, the process is complicated and designed for attorneys, not laymen. Because of that, if you sue in civil court, you should seriously consider being represented by a landlord-tenant attorney. A listing of these attorneys can be found in your local phone book.Arbitration and Mediation: It feels like cheating to recommend these options when you asked about how to sue. However, mediation and arbitration are very successful dispute resolution options, especially when the amount you are owed exceeds the small claims court jurisdictional limit. See the Related Question "What are alternatives to small claims court?" below for details.
Can a landlord claim trespass against a past tenant if other family members stilll live on property?
Generally, no, unless the landlord has some type of court order or written agreement that bars the former tenant from entering the property. The current tenant has the right to have visitors unless special conditions were mentioned in the written lease agreement.
Can probono attorney help in small claim court?
They can, but they probably won't.
If a land lord file a claim against a tenet to a collection agency and the claim is not justified and the tenet sue in small claim court to have a judgment so this can be removed from his cred?
First you call the collection agency and tell them this is in dispute . Then get some legal advice. If you qualify for Legal Aid , go there. Even if you don't qualify, they have pamphlets for your State's Landlord/ Tenant Laws.
What is small-claim court?
Small claims court is an informal court where individuals and businesses can resolve disputes in an inexpensive and quick manor. The paperwork is simple, and most states do not permit attorneys to represent people in small claims court. However, small claims courts have a jurisdictional limit of between $5,000-$10,000. In other words, if your claim exceeds the jurisdictional limit, you must file your lawsuit in a higher court or abandon any claim in excess of the jurisdictional limit.The Related Links and Related Questions below will give you more information on small claims court.
