All Forum Posts by: Bernie Neyer

First, let me point something out. In small claims you are barred from using an attorney. You may consult one, but his fees are not usually recoverable. Make sure it is Small Claims and not a Limited Action, where you can use an attorney, but there are limits on what the award can be, usually about $10K to $15K, but states can differ. The case number will usually start with SC for Small Claims. It might look like SC1234-2017.

If it is small claims she can only claim the actual loss and not punative the damages which are what the treble awards are. Once again, make sure it is Small Claims. In the perimeters of a Limited Action, I'm not sure you can claim punative damages there either.

For the uninitiated, Punative Damages is a fine assessed by the magistrate and awarded to the plaintiff to teach the offender a lesson. When you hear of these huge awards in court, usually they consist of Punative Damages.

When fighting the case you don't need before pictures, despite what is written above. The manager/owner if available can appear as a witness on your behalf and testify as to the condition of the premises at the time it was rented. After pictures are your ace in the hole. The more the merrier and they can actually cause the plaintiff to drop a case.

Your issue as I see it is the timing of your notification as to the resolution or return of the tenant's deposit. This time actually starts when you take control of the property. I had a Sec8 tenant that didn't surrender the premises until a week after she was supposed to have vacated it. If I were

you, I'd think real hard as to when you took control of the premises. 

Your second problem is how you notified the tenant. You can always notify them any old way, but ALWAYS send them a written letter too and put a copy in the tenant's file. For about a dollar, you can get evidence of mailing the letter from the USPS and a buck more get notice that thd mailman dropped it in their box.

Now that you're experienced, I have a rental . . . 

Then add a non-disclosure clause. As he already mentioned, the other tenants are not bothered by what happened. You aren't admitting anything, you are just paying the complainten to go away.

What I could garner, it seems the lease is up anyway.

You learned several things here,

1) Every adult must sign the contract

2) Every adult should undergo a background check before you enter into a contract with them.

3) Subletting (which is really what this sounds like) is not allowed.

I think you have an argument that the other tenants actually Sublette the unit and as such they are actually the landlord. However, you'd have to have given notice that this subletting isn't allowed once you found out about it.

My I suggest you settle out of court. Give her a couple of month's rent. It will cost you more than that for an attorney. Have her sign a contract indicating the amount settles all claims and that she forfeits any future claims against you. That said, you still need to show up on the court date. She could show up and claim there isn't a settlement and you would lose by default.

Good luck.

This is so easy to deal with, don't make it a bigger problem than it is. What you are calling cement is plaster lathe. That was how they built houses, actually not that long ago. If they actually plastered the wall, they would paint it, but usually, what I've discovered anyway, is they used a thin set mortar and then papered the wall.

Now if they papered the wall, then it got painted or they tried to remove the paper partially then painted it, that can make the issue more problematic, but not impossible. Get a tank sprayer, you know like for bugs. Fill it with warm water and some stuff you can get in the Walmart auto dept. called Purple Magic or another type of grease/oil remover. In a one gallon tank I usually use about a quarter cup of the grease remover. Then wet everything on the wall down. You may want to spread some plastic and tape on the floor so as not to damage it.

Get a book and sit down to read a page or two, then rewet the wall. Repeat as necessary. You could also score the paper with a bug that is made to perf the paper and allow water in behind it. As you get close to the right wetness the paper will start to peal on its own. Take a large two handed razor scraper and starting at the top scrape it down. Rewet as necessary and read a couple more pages. You won't have to worry about water damage on thin set mortar or plaster lathe.

Now if it is drywall, you have to perf the paper first, and perf it a lot, then wet it and use a special scraper to remove the paper so you won't damage the drywall too much.

Now if it is plaster lathe and thin set mortar with just paint you want to remove, get a drywall sander that attaches to a vacuum and sand it down using a heavy grit paper. You may need to scrape the loose paint as well. Because they may have used some lead in the paint, you should seal off the room and use a respirator of some sort and remove any clothing for cleaning before you track it into your home. I don't get to wired up about lead here, but you never can tell where you are at if it is a problem.

If the wall is drywall, don't bother removing the paint. It isn't worth it. If you are really uptight about the paint you can simply skim over it or put up 1/4" drywall over the older drywall and plaster lathe.

Now if you don't want to hang any new drywall and just want to fix the cracks or gouges you put in the wall removing the paper, just use drywall compound. You don't need anything else. You can tape over the crack just like drywall without any problem. I'd suggest skimming it some and either using a skip trowel or knockdown texture, as that will cover any imperfections.

Not sure how a lien "expires". There is either a lien or isn't one. Not totally familiar with construction liens, but they usually get paid or end up in a forced sale.

If you're wholesaling the house and your prospective buyer is willing to pay the lien off, then proceed, but I don't think they'd go for it. You should of checked that to begin with, so at least this point, tell they buyer what you've discovered, let him back out and move on. Chalk it up to your education costs.

Kansas is a whole lot simpler. I'd suggest you sue for possession of the property and not damages. In a lot of states, as in Kansas, though not all, you're allowed to post on the door. You are seeking the return of your property and not laying claim to the tenant's property.

In and around Wichita there is a business called Eviction One, and they can get a tenant out in two weeks or less. Sedgwick County though handles court scheduling different than smaller counties and it could take longer there. In my country one tenant appeared at the answer and the actual hearing got set two weeks later, with total time from delinquency to final hearing 1 1/2 months. The tenant didn't appear at the hearing so it was a win by default. Typical stall tactic.

What is the exact address? Tried Googling it, but didn't see any duplexes in the block.

If the seller had signed the contract to sell the property, but had not closed, the executor of the estate can close since the deceased's intent was known. Basically all that was needed was their signature on the deed.

However, without a will, the property becomes part of an estate the courts must probate.

Usually an executor is appointed by the court, generally an attorney, and by nature it will drag on until either the courts or the attorney gets a share of the money. 

There will be published in the newspaper of record an announcement of the probationary period for you to bring all claims against the estate. That is when you submit your claims on the property in question.

Sorry, but it is going to take a while to sort it out.

The cost per sq. ft. depends a lot on your floor plan and design. $120 to $140, depending on area, is a typical average build cost, but there are ways to lower costs.

I have a floor plan for a slab on grade, ~1600 sq. ft. duplex, about 1750 per side with a maintenance closet separating the units. Carports on both ends, 3 x 5 windows with only one door, windows act as emergency egress. Siding and roof are metal and it has CH/AC. My costs are about $80 per sq. ft., depending on flooring options. The shell is $53K. 

You may not be able to use metal where you live, so then the costs increase. If you can use metal on the roof, they looking at Conrad Blocks. These are a special cement block that is stained exterior with attached foam insulation and nailing strips for drywall. You use an electrical charcoal starter to make channels in the foam for electrical wiring. They could do 4 walls of my duplex for ~$20K. The finished unit looks very good and with a metal roof there is zero exterior maintenance. Try Googling Conrad Blocks and see what you find.

Any more questions, just ask.