by kendell » Tue Apr 05, 2011 12:28 am
no site needed;
I teach this;
a; no one can force a person to do things in biz that they don't want to do and thus, either the WRONGED party must eat the loss OR sue the
party doing the wronging.
b; thus, your mom has been wronged by a BREACH of contract
and so she should just sue in small claims court.
c; to get reimbursed for damaged property, "naturally" the
landlord has the tenant's deposit and if the tenant does not
debate issues, the deposit is used for repairs.
d; the landlord has 2 simple choices--and i recommend the
court approach--as it is not a mean, vicious thing, it
is almost mechanical; 'is there a contract? Did either party
breach it. Prove it. Judgment. Period.
e; to collect more money owed than is on deposit, one needs a judgment and then, one sends that to a collection agency. If the
party stays local,. one can seek an ASSET hearing [easy to do]
and the Ll gives the data collected to the sheriff who goes
to collect. That is more complicated with tenants that move
away.
with a judgment, mom can renew the judgment until paid, even
30 yrs if needed.
so, I suggest suing. Since the prop has been vacated early,
go to court NOW for a hearing, a detainer action. she sues at the apt where the tenant was. The tenant won't be at court.
available for further help