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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.
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.
You can only sue in small claims court for damages. Landlord and tenant cases are only opened by landlords, not the tenant. If, under constructive eviction clause, you exercise your right to move out of that property and the landlord keeps your security deposit and any other payments you made before moving into the property - except for the first months rent unless that's when you're moving out, then you have the right to sue the landlord to reclaim that money.
Usually to the county or municipal court. This is a small-claims case.
Depending on the landlord, the results will vary. However, most landlords will not return your safety deposit AND charge you the price to replace whatever has been broken. And sadly, they are in full rights to do so...
In Pennsylvania, you can sue for up to $12,000 in small claims court. This limit covers most types of disputes between individuals, such as landlord-tenant issues, contract disputes, and property damage claims.
You would have to go to Small Claims Court and get a judgment against the tenant. Then you could garnish the security deposit from the current landlord. Talk with an attorney for details.
If this helps any, a landlord is no different in terms of small claims or other civil court matter. If there are grounds to sue then you may do so. Check your state's Statute of Limitations laws to see how much time you have to sue a landlord or anyone else. Landlord and Tenant issues are only applicable to eviction proceedings, not small-claims court or other civil courts.
When a tenant doesn't pay his rent the landlord may begin eviction proceedings in court, which forces the tenant to move.
A landlord only collects rent from a tenant, not mortgage payments. If the landlord then holds a mortgage for the tenant, then they are no longer a landlord, rather, a mortgage holder, like a financial institution. There are many cases where the tenant has an option to buy the home, and many terms are discussed and agreed thereto. Landlords can turn into mortgage holders. Landlords can evict, but mortgage holders can foreclose-- two different types of court proceedings.
Yes, a landlord can sue an evicted tenant for property damage if the tenant has caused damage to the property beyond normal wear and tear. The landlord must prove that the tenant was responsible for the damage, and the damages must be documented for the landlord to receive reimbursement. It is a very serious issue better discuss with experienced or professional estate agents like Umega, who can provide you with all kinds of legal help related to tendencies. Umega's experienced team can help landlords navigate the legal processes surrounding property damage claims for evicted tenants, ensuring that the landlord gets the reimbursement they deserve.
It is unseemly that a landlord can charge a tenant for other than the items listed in the lease. You can pay them and take your landlord to landlord-tenant court for reimbursement, or you can approach a landlord-tenant advocacy to find the answer that you want.