Taking Ex-Tenant To SC Court
My question involves landlord-tenant law in the State of: Alabama
I apologize for the length but it is all relevant and I’ve done my homework!
Summary:
I bought a house in May 2007 and decided to get a room renter so I could afford to make improvements on the home. "C" moved in late September '07. I did not make her sign a lease (lesson learned) although she said to me that she would be willing to sign a year lease because she didn't want to have to move all her stuff any time soon. I still have a copy of the information I used to make the Craigslist ad which states ".... $500 security deposit. So, $500 up front of which half is refundable if you keep everything clean and you don't damage anything."
Fast forward to March 12th 2008. "C" informs me that she has found her own place and will be moving out ASAP although she will pay through the end of the month. She moves the majority of her belongings March 15th and was completely moved out by March 17th. Upon moving out she owed me $800+ which included the current months rent (March) which was due on the 1st and utilities for previous months. I did not receive a check until the 21st. The check was for $479.55 and at the bottom of the check in the comment field she wrote “Utilities + March Rent – deposit.” The deposit amount she subtracted was ˝ of the security deposit as was mentioned in the first paragraph above. When I contacted her to tell her the final total of what she owed me and to itemize what she didn’t clean and fix I told her I expected full payment of the rest of what she owed me within 14 days of receiving the letter (that I sent USPS certified mail) or I would be forced to pursue legal action. She responded with “Do what you feel you must. I will be happy to discuss my position with a judge.”
Questions:
From what I have read in previous posts since there was no written lease she was considered to be on a month to month tenancy. Alabama Residential Landlord and Tenant Act (ARLTA) states in 35-9A-441-b: “The landlord or the tenant may terminate a month-to-month tenancy by a written notice given to the other at least 30 days before the periodic rental date specified in the notice.”
I’m slightly confused about the section in bold above. 1. What is the “periodic rental date”? Do they mean the day that rent is due or maybe the day the rental period restarts (which, in my case, would be the same thing)? 2. From what I understand of this text she would have to give me notice 30 days from the beginning of the next month (since it is month-to-month). Is that right?
Since she did not give me a full 30 days notice, from what I have read in posts, she is liable for rent for that whole 30 days. I did read in some posts that this rule is different from state to state. Some states only require that rent be paid up for that 30 days from the written notice (for which I guess you would have to prorate the part of the next month) and some states require you to pay the whole next months rent. I can’t find anything in ARLTA that states what Alabama requires. I did however find this statement at the end of 35-9A-161-c “Unless otherwise agreed, rent is uniformly apportionable from day-to-day.” Although mentioned in the section of (paraphrased) “pay your rent on time” this statement makes me think that she is only liable for rent until the 30 day period is up. 3. Which one is correct?
I’m 99% sure that her action of subtracting ˝ of the security deposit from the money that she owed me is illegal. She knew that I would itemize what she didn’t clean and fix and subtract it from that $250 security deposit so she went ahead and just subtracted the security deposit from what she owed me to be sure she got it all back. 4. However, since it was essentially rent and utilities that she subtracted it from, this would be considered to be withholding rent; right? 5. If it is considered to be withholding rent am I allowed to sue for interest on monies owed or anything like that? 6. How much interest is allowed? Or is that automatically done by the court clerk?
I realize that this will be in small claims court (if it gets that far) and just from watching the people’s court and such on TV (insert eye rolling here) you aren’t allowed to have an attorney represent you in small claims court. 7. However, if I consult an attorney for legal advice and I win the case could I also win attorney’s fees in the total judgment?
As far as what I need to take to court with me, I have copies of emails from right after she moved out to present. I unfortunately don’t have any earlier emails as my email program purges anything over 2 months old. 8. I CAN have access to every utility bill but do you think that I really need to take all of those with me to court or just the ones at the end that she essentially still owes me for? I have pictures of the stuff she didn’t clean and/or fix and I have copies of all the checks she wrote me (to show she had consistent problems paying rent on time).
9. Possible Estimates:
I have considered having a carpet cleaning company come out and estimate how much it will cost to clean the carpet in her room (large stains) or if it can’t be cleaned how much it would be to replace it. Her cat tore up 2 of my window screens so I’m assuming I need to have an estimate on how much it would cost to replace those. He also left several scratches on my (less than a year old) leather couch. Do I need to have a repair estimate on that? I have a cat but he is declawed and her cat is not. Since she didn’t clean the bathroom before she left can I have a maid service estimate how much it would cost to clean the bathroom she used and her bedroom? She used my brand new (newly refinished) antique dining room table to pack boxes on and obviously slid the boxes off the table and left scratch marks, I’m not sure who I would get to estimate repairs on that but since I don’t have before pictures of the table (scratch free) would it be worth it?
10. Is there anything else I need to take to court that I’ve left out?
I thank you so much for your help in advance. I know it is a lot of questions but I really want to do this right to make sure I get back what I am owed. Right now I can’t even afford to fix my air conditioner because she left me in such a bad financial situation. And I live in Alabama where an air conditioner is imperative! Thank you!
This is the copy of ARLTA that I have been using. I believe it is the most recent approved version of the law. http://www.arisecitizens.org/HB287-enr.pdf
Re: Taking Ex-Tenant To SC Court (Questions)
Here you had a month to month tenancy and she had to give you a full 30 days notice starting at the same time of month as the tenancy. If she moves out early she stills owes for the entire month. Example the tenancy started on the 15th and she gives you notice on the 1st. She has to pay until the 15th of the following month.
You can charge her reasonable fees for cleaning, etc. Carpet usually has a 4 year life in a rental so if the carpet was older than that you cannot charge her for replacing it, just cleaning.
If you are going to be a landlord you need to learn the law and always have them sign a lease.
All you will get in small claims is a judgment and good luck trying to collect. You can put it on her credit report and that may help.
Re: Taking Ex-Tenant To SC Court (Questions)
Thank you for your reply and the information you provided me but you didn't answer all my questions.
So since her rent was due on the 1st of the month and she notified me (not in writing) on the 12th she would owe me another full months rent?
I don't know how old the carpet is, I just bought the house a year ago.
I know I'm a little late but I'm learning the law now. I didn't know this information was available to me on the internet before. I figured I would have to go to the state law library to be able to look it up that is why I didn't make the effort before.
You are right in trying to collect. :wallbang: Her credit score must be awful. She just consolidated her debt (Feb) and told me she saved $9k. How much must you owe to save 9k by consolidating? A LOT. She obviously has no regard for paying her bills but from what I understand they can garnish her wages until the debt is paid.
I still have questions about what to take to court and whether interest and attorney's fees can be won.
Re: Taking Ex-Tenant To SC Court
Quote:
but you didn't answer all my questions.
The volunteers here answer the questions they feel they are able to address.
If you want all ten questions answered, you'll need to be patient and wait for someone to address them.
Re: Taking Ex-Tenant To SC Court
Missy I'm sorry if I offended anyone, that was not my intention.
One of the things this website tells you is don't reply to your own post because once a post has received a reply it is much less likely to be responded to again. People look to answer posts that have no responses yet. That was the point I was trying to make.
I did thank lwpat for the information she provided me.