I can't afford an attorney and the landlord has evicted us and is
Asking for more money than he is entitled. How do I file an answer
With the court to dispute the amount and to ask that the
Many hundreds of dollars of improvements we made to the property
In the 16 years be applied to the debt?

Well, first thoroughly read through your lease, if you have one. You'll want to also go to the first post in this forum and find the link to your state's landlord/tenant laws and familiarize yourself with those.

Is the suit in small claims court? Does the landlord already have a judgement, or is the court date coming up? If it has already occurred and you didn't show up defend yourlself or were unable to convince the judge you may have a window of opportunity to appeal.

Basically, the landlord can sue you for rent, damages that exceed "normal wear and tear" and other amounts that the lease and/or state law allow them to charge you. A 16 year tenancy gets pretty difficult for being able to say what's normal wear and tear and what goes beyond that. As far as improvements that you've made over the years, you're probably out of luck there unless the lease specifically stated something about you being reimbursed or deducting repairs from rent due, etc.

What state are you in, and what's the status of the court case (already happened, coming up, etc?), and what dollar amount are we talking about here?

Karla in TX

Thanks for the information, rockinmommy. The money part of the case
Is set for 9/14/07. We are in Ohio. I suppose I will just appear and plead
My case to the court and hope for the best. In the meantime, I am filing
Bankruptcy so even if he gets a judgement me and my family have some
Protection against the parasite.

As Karla said, first familiarize yourself with the laws for your state and the terms of your lease.

Why do you think he is asking for more money then he's entitled? He's entitled for rent right up to the day you cease occupancy. He's also entitiled to any costs incurred in repairing any damages not considered normal wear and tear.

As for the improvements, what makes you think you can apply those? Unless the improvements were made with the permission of the landlord And understanding that you would be reimbursed for them, then you have no claim against him for them. In fact, if the improvements were made without his permission, he could have the right to charge you for removing them.

I can't say that he is being unreasonable or a parasite, without more facts.

The only thing that's going to help you in court is documentation. Paperwork, pictures, witnesses, etc. You have to go in and be professional (not emotional - even though I know it's an emotionally charged situation), state facts. Site laws and the lease. If you just show up to complain about what a jerk the landlord is you aren't going to get anywhere unless you just happen to get a landlord hating, sympathetic judge.

Good luck.
Karla

Karla is right again. But if you give us more details about what the landlord is asking for and how he has justified it, we may be able to give some help on how to deal with the court. Or we may just tell you the landlord is right and pay up.

Both answers were helpful in my decision to go to court and state my case based
On a 16 year history with this nut case. I don't expect you to render an informed
Opinion without giving you the entire picture, but I just wanted a generalized
Procedure for filing my answer in the form of a dispute, or do I just show up and
Give my side? Who shall prevail will be a matter for the court and I am prepared
Either way because I am filing bankruptcy anyway. It is just the principal of not
Allowing this "slum lord" to just walk away without letting people know what he has
Been about.

Hello old:

I don't know. Renting from a slum lord couldn't have been TOO bad or you wouldn't have stayed for 16 years. Least ways, I wouldn't have.

excon

excon makes a good point. But yes you just show up in court with all the documents you can showing his accounting incorrect.

We rented and completely remodled the unit (We are a Donut shop/Diner)it was just a gutted out storefront) andinvested several thousand dollars and man hours before we found out aboutthis guy. We stayed over the years because the community embraced us andsince we had sunk all our money into this place, we had no place else to go and no
Funds to go there. So we have been making the best of things. He just got an offer
For our unit from those folks with suitcases of money and doubled up on the rent to
Force us out. It worked. But he inflated his claim because he knows we have no money
To fight with. We are just a Mom & Pop literally and this was our only source of income
And our son is graduating from high school this year and this creep couldn't muster up
Enough decency to give us at least that time. He has no moral compus but he is the owner
So he has a legal chokehold on us.

Normally your improvements are not counted toward any debt from the landlord. The improvements if they become fixtures merely become part of the property and unless there is an agreement for it to give you some equity, it is merely for your benefit and you don't have a right to expect payment from the landlord.

He can only ask for rent and late fees if that is what you have not paid.
And rent is due when it is due, and extra charges.

I did not see exact details on what he was asking for, what "extra" money is he wanting, besides rent and late fees.

Ok, you didn't mention this was commercial property, that may make a big difference. Did you try contacting the SBA for help?

No, ScottGem, but I will definitely look into it tomorrow.
I appreciate more suggestions on what I can do. I don't need the
Obvious to be stated. I may be a little apple dumb, but I;m not
Plum dumb. I realize this jerk has a right to his rent and fees. But
He is deliberately ballooning his claim, probably in hopes that I just
Won't show up at all and he can get it in default. Don't I get to even
Know the months he is claiming I owe so that I can get my cancelled checks
Or does he just get to throw any old figure out there to see if it sticks?

No, you can submit a motion for disclosure to get an exact accounting of the charges. Ask the court clerk on how to do that.

You also had a right to remove any fixtures that you added to the property that could be removed without damaging the property, in other words return it to the condition in which you got it.

You might even, because this is commercial property, be able to countersue for the value of the improvements.

But frankly, you need a lawyer. As a business owner you should have had one. There are too many nuances and loopholes and the need for knowledge of local laws that you will not have if you try to represent yourself.

Like I said, strictly Mom & Pop. Just worked from sun up to sun down to make
An honest living. Just making ends meet from day to day. Not a major corporation
With suits on hand. The good news is that I never needed legal in all these years
Until now. This is why I figure my only way out now is to file for bankruptcy and
Call it a day. I feel that chokehold getting tighter with every passing minute.

I'm sorry, but mom and pop means small scale, it does not mean you don't don't protect yourself. You don't have to be a major corp to have an atty that you use to protect your rights. Had you had such an advisor, you might not be in this situation in the first place.

You make a lot of sense. But I have no cents so the point is mute.
You have been helpful though in helping me put all my "Shoulda,
Woulda, and Couldas" in order. Now I have to deal with what "is"...

Good luck and keep us posted.

Thanks, again. I will.