- Wed Oct 15, 2014 2:34 pm
#349162
Cliff Notes: I filed a small claims against deadbeat renters for $2970 last week. He said drop the claim or he will counter sue.
Full: I bought a condo in 2003, lived there until 2008. Couldn’t sell it at the time so I began renting it to break even on mortgage + association fees + insurance. These 2 guys, Bob and Mike, started renting in June 2010. Everything was good for the first year or two, just a couple late payments. Then they got a month behind a couple times, but always caught back up. Then summer of 2013 they were almost 3 months behind, but assured me they were going to be able to get caught up once some things went thru, and they did. I was reluctant to kick them out because they had been good renters and I still pay about $900/mo for the condo so it would hurt while it sat empty, looking for the next renters. 2014 was pretty shitty, I think only 2 or 3 months were on time. They owed me April and May rent but paid it all up in June. Then June never arrived, same for July. Whenever rent was late, there was always an excuse (post office, bill pay never sent it out, sent it to the wrong place etc).
Also during the last year, they had been in a couple heated arguments with the members of the association about putting up a fence on the balcony (after I told them it is not allowed) and using a grill on the balcony, which they ignored the association and the fire dept. came out (but didn’t find their grill.) There was also some complaints of them getting in verbal arguments with the neighbors. I usually stood up for them, as they were helping me break even on the condo.
Bob was always my contact and in charge of their finances, never Mike. Bob hadn’t been answering my calls or replying to texts, so in I sent him an email in mid-Aug threatening eviction. Then he finally replied he had been in the hospital, on meds etc (heard that excuse before, apparently his health is horrible for being late 20’s/early 30’s).
He said he and Mike are broke (Mike broke his leg and hadn’t worked in a couple months) and was advised by his attorney to file for chapter 7 bankruptcy. He was getting ready to move out and would be out at the end of Aug. He was finally out after the first week of Sept so I went to check out the condo and…
-Every white wall was now painted avocado green or sky blue
-paint slopped all over the natural wood work
-white paint on exposed wood ceiling beams
-stains on carpet throughout
-punched hole in bedroom wall
-glued something to wall (shelf?) and ripped it off
-left entire lower level smelling like a liter box, tried cleaning but it looks like 360 sq ft of carpet/padding needs replaced
-and condo was just not cleaned in general, except for the fridge and a quick sweep.
They owed me 3 months rent @ 965/mo + 3 late fees @ 25/mo for a total of $2970. I kept their security deposit of $965, but that’s going toward fixing everything they messed up.
So I talked to an attorney who said there’s nothing to do but wait for the bankruptcy case and meeting of the creditors to see if I have a chance of getting any money.
Mid Sept. I had not heard anything from the court, so I asked Bob for the case #. He said he had not been able to afford to file for chapter 7 yet.
I spoke to a different attorney last week and told him the situation and he said I’d go file small claims asap. He said I’m not a secured creditor, so I won’t get shit from the meeting of the creditors. So I did.
Then yesterday I got this email from Bob:
The only improvements that come to mind are getting the spring repaired on the garage door and painting the ceiling (at which they did an ok job, slopping minimal white paint on the trim.
He did not leave the condo ready to rent. As soon as I fix everything, I'm listing it for sale anyways- never going through this bs again.
Apparently they are really broke, as I found a disconnect notice form the electric co left on the door for being almost $600 past due.
Mike is not involved in the bankruptcy. And despite not working for a while, I did some digging on social media and found he bought a pre-owned Audi TT in late spring, right before they both went on a cruise. Not sure if he still owns it or not. Not sure where Bob or Mike are living now (they’re partners, so I’m assuming they’re still together since Bob is threatening me and convincing me not to continue the claim, which would only affect Mike after Bob files for bankruptcy.)
I also discovered, while cleaning out some court papers, W2’s etc. that were left in a cabinet, that Mike was sued for $6000+ a few years ago for doing something dishonest under The Norman-Lukanc Farmer's Insurance Agency, which they ran out of their previous apartment.
Since that went down, Bob has started a couple of businesses of his own:
http://start.cortera.com/company/resear ... ar-co-llc/
http://start.cortera.com/company/resear ... -services/ with its own shitty website:
http://professionalfuneralservices.webs.com/
Not sure where Mike works, but one time when I was stopping by to talk to the condo association a couple years back, I saw him get home in a shitty Neon wearing a Sheetz gas station uniform. So I’m guessing he’s worthless financially, until I saw the couple instagram posts with his Audi TT. Who knows.
So I’m out about about $3000, the small claim I filed was only $68. Should I drop the case and give up ever getting any $ from these D-bags through garnishing wages, Or should I keep this going? I'd like to hear your thoughts
Full: I bought a condo in 2003, lived there until 2008. Couldn’t sell it at the time so I began renting it to break even on mortgage + association fees + insurance. These 2 guys, Bob and Mike, started renting in June 2010. Everything was good for the first year or two, just a couple late payments. Then they got a month behind a couple times, but always caught back up. Then summer of 2013 they were almost 3 months behind, but assured me they were going to be able to get caught up once some things went thru, and they did. I was reluctant to kick them out because they had been good renters and I still pay about $900/mo for the condo so it would hurt while it sat empty, looking for the next renters. 2014 was pretty shitty, I think only 2 or 3 months were on time. They owed me April and May rent but paid it all up in June. Then June never arrived, same for July. Whenever rent was late, there was always an excuse (post office, bill pay never sent it out, sent it to the wrong place etc).
Also during the last year, they had been in a couple heated arguments with the members of the association about putting up a fence on the balcony (after I told them it is not allowed) and using a grill on the balcony, which they ignored the association and the fire dept. came out (but didn’t find their grill.) There was also some complaints of them getting in verbal arguments with the neighbors. I usually stood up for them, as they were helping me break even on the condo.
Bob was always my contact and in charge of their finances, never Mike. Bob hadn’t been answering my calls or replying to texts, so in I sent him an email in mid-Aug threatening eviction. Then he finally replied he had been in the hospital, on meds etc (heard that excuse before, apparently his health is horrible for being late 20’s/early 30’s).
He said he and Mike are broke (Mike broke his leg and hadn’t worked in a couple months) and was advised by his attorney to file for chapter 7 bankruptcy. He was getting ready to move out and would be out at the end of Aug. He was finally out after the first week of Sept so I went to check out the condo and…
-Every white wall was now painted avocado green or sky blue
-paint slopped all over the natural wood work
-white paint on exposed wood ceiling beams
-stains on carpet throughout
-punched hole in bedroom wall
-glued something to wall (shelf?) and ripped it off
-left entire lower level smelling like a liter box, tried cleaning but it looks like 360 sq ft of carpet/padding needs replaced
-and condo was just not cleaned in general, except for the fridge and a quick sweep.
They owed me 3 months rent @ 965/mo + 3 late fees @ 25/mo for a total of $2970. I kept their security deposit of $965, but that’s going toward fixing everything they messed up.
So I talked to an attorney who said there’s nothing to do but wait for the bankruptcy case and meeting of the creditors to see if I have a chance of getting any money.
Mid Sept. I had not heard anything from the court, so I asked Bob for the case #. He said he had not been able to afford to file for chapter 7 yet.
I spoke to a different attorney last week and told him the situation and he said I’d go file small claims asap. He said I’m not a secured creditor, so I won’t get shit from the meeting of the creditors. So I did.
Then yesterday I got this email from Bob:
Please don't take this the wrong way because I'm not trying to fight, threaten or argue with you. I feel that it's only fair to at least inform you of what is going on. I have been approved for a chapter 7 bankruptcy where all debts will be discharged. That means your case against me will be thrown out once I file. As for Mike he is still unemployed so even if he didn't attend the hearing and you are granted a judgment it's not worth the paper it's written on. With no income, no real estate or vehicles you can't collect from him. I'm not sure how familiar you are with the law, but it's up to you, not the court to collect and once you locate bank accounts, property or employment you have to pay additional court costs for the court to force a collection and it still doesn't guarantee payment. I tried to explain this to you before so you didn't waste more money on the court filing. Unfortunately, if the case is not dismissed by you by next Monday our attorney will be counter suing you for all the improvements we made to the condo over the past four years that you acknowledged and offered to pay for but we never collected on plus the attroney fees which will be more than your claim. In short if we have to go to court I can guarantee that you won't get anything from us and you will end up oweing us money. As well, we will be filing a discrimination lawsuit against you and the condo association for harassment. Even if a jury doesn't side with us on the discrimination suit you will be out thousands of dollars in legal fees and a couple months of court dates. Our attorney is on retainer so all we would have to pay is court filing fees. I know this situation didn't end to any of our benefit, but I tried to inform you once I knew we couldn't stay and did my best to return the condo in a condition acceptable for immediate renting. I also told you that if you did something like this I would do whatever I needed to protect myself and you would get the short end of the stick. Again, I'm not trying to be an ass, but let's be honest...I paid your costs for 4 years, I took very good care of the condo, short of power washing and a new ac you didn't put a dime into the condo while we were there, and I left the condo ready to rent. I could have complained and demanded many things be fixed, I could have filed bankruptcy and stayed another 60-90 days beyond what we did, and I could have left the condo in shambles that could have cost you thousands of dollars to repair, but I didnt. Again, it wasn't a good ending for any of us, but I did my best to keep you from enduring anymore than what had already happened. You do what you wish with this information. Call my bluff, but I at least did my part in informing you. Eat $2,000 (when you figure in the security deposit you've held for 4 years) because it was a bad situation which I more than paid that in repairs and upgrades over 4 years or we fight it out in court which as I said I can guarantee you that it won't won't end well for you. The ball is in your court. I've asked my attroney to hold off on filing a counter suit until next Monday to give you time if you choose to take it.
The only improvements that come to mind are getting the spring repaired on the garage door and painting the ceiling (at which they did an ok job, slopping minimal white paint on the trim.
He did not leave the condo ready to rent. As soon as I fix everything, I'm listing it for sale anyways- never going through this bs again.
Apparently they are really broke, as I found a disconnect notice form the electric co left on the door for being almost $600 past due.
Mike is not involved in the bankruptcy. And despite not working for a while, I did some digging on social media and found he bought a pre-owned Audi TT in late spring, right before they both went on a cruise. Not sure if he still owns it or not. Not sure where Bob or Mike are living now (they’re partners, so I’m assuming they’re still together since Bob is threatening me and convincing me not to continue the claim, which would only affect Mike after Bob files for bankruptcy.)
I also discovered, while cleaning out some court papers, W2’s etc. that were left in a cabinet, that Mike was sued for $6000+ a few years ago for doing something dishonest under The Norman-Lukanc Farmer's Insurance Agency, which they ran out of their previous apartment.
Since that went down, Bob has started a couple of businesses of his own:
http://start.cortera.com/company/resear ... ar-co-llc/
http://start.cortera.com/company/resear ... -services/ with its own shitty website:
http://professionalfuneralservices.webs.com/
Not sure where Mike works, but one time when I was stopping by to talk to the condo association a couple years back, I saw him get home in a shitty Neon wearing a Sheetz gas station uniform. So I’m guessing he’s worthless financially, until I saw the couple instagram posts with his Audi TT. Who knows.
So I’m out about about $3000, the small claim I filed was only $68. Should I drop the case and give up ever getting any $ from these D-bags through garnishing wages, Or should I keep this going? I'd like to hear your thoughts
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My 1992 SOHC Turbo Hatch
My Youtube Channel: 6th Gear Garage
My 1992 SOHC Turbo Hatch
My Youtube Channel: 6th Gear Garage