语言,口才和胆量都不好,唯有写下去说。巧姐和大师们,能花时间看下,指教我们吗?万分感谢。

来源: NLandlord 2014-02-23 06:51:38 [] [旧帖] [给我悄悄话] 本文已被阅读: 次 (4221 bytes)

Your Honor,
My tenant, Mr. , failed to pay the partial rent of $268 for January and the full rent of $918 for February. According to our contract, Mr.  must pay the full rent of $918 before the 3rd of each month. On February 5th, we deliver the demand of possession to Mr.  through 4 ways: 1). Mail, 2) on person, 3) post on the door, and 4) email. In the demand of passion letter, we request Mr.  to either to pay off the rents and late fee or move out by February, 8th. But Mr.  failed to do either of them. Therefore, we filed the dispossessory action on February 10th. We have evidences to prove all the items in the counterclaim of Mr.  are not true. We can explain and show the evidence one by one. Your honor, do you want me to continue on this now?

怕法官让他说完没给我们机会说,所以
Your honor, we have evidence to show and disprove each item in the counterclaim. Would you please give me a chance to explain to your honor one by one?
1. Use their security deposit $900 to pay the rent $918 of February. This is not accurate. We only agreed Mr.  to use deposit to pay off the rent of February with two conditions 1). First, Mr.  needs to pay off the other part of rent $268 for January by January 30th; 2) Mr.  signs agreement of moving out and vacate the premises by March 1. But Mr.  failed to fulfill either of the two conditions. We can show the letter from Mr. and our answering email to prove these.

2. Flooding to property. On 6/18/2013, Mr.  called my wife at around 2PM and said that there was flooding to property. After the call, my wife arrived at the property in just 10 minutes and found no flooding. As nobody was at the property, my wife called Mr.  to come back and verified the condition. My wife took pictures of the property at the moment and sent email them to record that no flooding to the property at all. Your honor, we can show those pictures and emails.

3. Recent sewer backup took more than over 30 days for repair. Actually, it was draining pipe clog problem according to the report of plumber. We received email from Mr.  telling us the problem on 1/9/2014. My plumber got a chance to enter the property and fixed the clog problem on 2/1/2014. The delay was because the tenants did not corporate and we had to cancel 2 times of schedule with my plumber. And the clog problem was caused by the inappropriately usage of the sinks. We have report from my plumber as evidence here.
(On 1/14/2014, I called Mr. to tell him the schedule and ask for the rent for January. Mr.  hung up my phone so that I had to cancel the schedule of 1/16/2014. After that, Mr.  missed another schedule even though we informed him by phone call, message, and email at 36 hours before the second schedule. Eventually, my plumber got a chance to enter the property and fixed the clog problem on 2/1/2014. The clog problem was caused by the inappropriate usage of tenants. My plumber snaked out a lot hair and fresh pine straw. We have report from my plumber as evidence.)

4. Animal death. Mr.  never reported any fence problem to us. We did not know how and when his pet was killed by car on the street. (Aside, Mr.  failed to pay the rent on time in June 2013, when I asked for the late fee, he sent me an email to tell that his dog was killed by a running by car on the street.)

5. Broken dish washer. We tested the dish washer and it has been running good. In the contract, we have stated that dish washer will not be upgraded and Mr.  agreed with it.

6. One window is totally broken down and the glass of two other windows is cracked.

7. Other problems, such as leaking, etc. had been fixed within 3 days. (We have receipts and reports to show these.)

8. Late fees. Since February, 2013, Mr.  paid the rent late for 9 months, we waived late fee for 2 months (February and August, 2013) and he paid late fee for 1 time (October, 2013), therefore he still owed us 6 late fees. The amount of each late fee is $92. We have records to show these.
 

所有跟帖: 

寫得很好了,法官會給機會一個個的說,別急。法官問到的才說,木有的就不要太急哄哄的,會贏的,別擔心。 -MrsKwok- 给 MrsKwok 发送悄悄话 (0 bytes) () 02/23/2014 postreply 07:11:00

建议 thrpugh 4 ways, 最好改成 by 4 ways. -big-guy- 给 big-guy 发送悄悄话 big-guy 的博客首页 (0 bytes) () 02/23/2014 postreply 07:37:35

太感谢大家了。 -NLandlord- 给 NLandlord 发送悄悄话 (0 bytes) () 02/23/2014 postreply 07:39:58

“demand of possession to Mr.”我们这叫pay or quit notice另外我们这儿任何修理问题和 -jessefan- 给 jessefan 发送悄悄话 jessefan 的博客首页 (0 bytes) () 02/23/2014 postreply 07:56:13

和付房租无关,法官不会因修理问题而影响因不付房租造成的eviction. -jessefan- 给 jessefan 发送悄悄话 jessefan 的博客首页 (0 bytes) () 02/23/2014 postreply 07:58:39

這房客counterclaim,所以做好應訴准備也是好的。當然最後依法法官肯定也是按不付租一定滾蛋來判的。 -MrsKwok- 给 MrsKwok 发送悄悄话 (0 bytes) () 02/23/2014 postreply 08:00:37

嗯,没错。不付房租走人是最终的结果。 -jessefan- 给 jessefan 发送悄悄话 jessefan 的博客首页 (0 bytes) () 02/23/2014 postreply 08:13:52

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