"I have evicted renter not paying,renter asks judge why they can not take privacy fence they added to property,judge says it attached to property and is now part of property, renter then says I agreed to pay them back for fence (I NEVER DID!) judge asked where this is in writing, renter says its not just a verbal agreement and I would exchange them free rent for 3500. Fence. I never agreed to anything ! Nothing was put in the lease about this either. Now they hire attny to sue me for the cost of putting up privacy fence,and his fees. He sites a case that a renter should be reimbursed for his time and fencing and I should not get benefits from this. I have case pending in magistrate as these people damaged my house ,dog poop in carpet,Lease says no pets)holes in walls,cabinet doors broken,dog chewed through door trim and doors in and out of house,they took my stove out(on lease) set it on back porch in rain for weeks and hood to it,they got high end stove and microwave hood, mine were ruined, they take new stove and sell it for 100. Leaving me with nothing usable! Is there a case I can refer to where attached to property fence (any item ) becomes part of property, and I shouldn't have to pay for this.

What country?
You don't need to cite cases. The judge ruled: nothing in writing and attached to property. How far has this lawyer of theirs gone, past just a letter? I would ignore it and send an itemized bill for the other damages instead.

Hello:

I'd call the cops for stealing your stove.

excon

I filed for 7000,in damages(based on National Appraisal book)for remodeling -building by region, and 2200.in past due rent,2800.past late fees never paid in 15 months because her crying and not having anywhere to go got to me(Never Again) they had 30 days to reply to magistrate court. There answer came by attny & now arbratration hearing set, in his answer to he puts a case that says the renter would be reimbursed ,time& money on fence and that I can not "gain" from their fence! He wants me to pay his attny fees, and there emotional distress. He doesn't arbratrate anything it all gos to court, he wants the hourly fee,not resolution on any case.THey couldn't pay me rent, or for damages yet they can pay him 200.hour? I still am trying to come up with money to fix this house,and haven't been able to rent it in 3 months,yet they can pay attny and not me. These people did this to the person that rented to them before me, they have 3800 judgement same county,they trashed his home, more than he cld afford to fix,he gaveit back to leinholder and lost it! They cut the back deck off house w/chain saw in upscale neighborhood.I would like to see where law is that I can use,"if attached to house-bcomes part of house" thank you

To excon, I did file with the magistrate ct, for an application for warrant, for the stove, the hood over the stove and other things they ripped off the wall, they hired big time lawyer and judge told me there wasn't enough to give warrant on but to add it to the "damages case i have pending" seems like a grey area, as it's a rental civil issue, I understand. Now the lawyer is trying to sue me for there lawyer fees,and mental emotional pain,because they had to go to warrant hearing.! and wants to reopen the issue off the fence that judge told them on disposessary hearing they could not take as its attached to house, atty is adding to damage case I have in magistrate that I can not gain from them putting fence on my property and sighting a case. I didn't want a 3000. Privacy fence there, I offered to help them put up fencing myself that I already had on 2 sides of property.if I had 3000. To spend on that house I would cover it with vinyl siding , not a fence. She lied to the judge in disposessary hearing saying I would reimburse her . NEVER did I , I would have wanted them to pay there rent on the 1st, EMOTIONAL STRESS should be for me, mth after month when they didn't pay till 15 or more days late and I was due on the mortgage, now 2 months behind because of them. And I can't afford a 200. Hr attny like they are doing.

Hello again, m:

I don't know where you are, but where I live, if somebody steals from me, I call the COPS. I don't go to court.

In order to look up the rules, we need to know where you are... But, I cannot leave this thread without admonishing you. The landlord business is a BUSINESS. It must be run like a business and not a charity. The FIRST thing a person in business does, is look up the RULES for their business.

You didn't know the rules... You STILL don't. What happened to you happens to unwary landlords ALL the time... Besides, if you KNEW they did this to the person who owned the house before you did, why did you let them stay??

Ok, enough browbeating... When you don't know the rules, you HIRE someone who does. In your case, that's a good attorney.

excon

excon, I didn't know what they had done to the landlord before me.I would never have rented to them! I went to the Sheriffs office ,and they went to the new address they were at , they didn't answer,left note and a report was filed. They said it was grey are as it was a renter and leaned twards civil issue, referred me to magistrate for warrant, then magistrate does hearing to determine is there is enough cause, again because rental,judge said he would allow me to modify damages case pending, that told me he saw what they were doing and to add it, he knew they were doing something wrong and this was his way of letting me have it delt with. Im in Georgia,Rentals should be run as a business YOU are RIght 100%, I just feel sorry for people when they cry and don't have a place to go! Look who's about to cry now! LOL! When economy picks back up I want to let a company handle the rentals I have. I am a Builder with a subdivision... no building for 2.5 yrs. No one looking at lots for 3 yrs, there is NO extra money any more when feeling sorry for people. Some people deserve to be helped, and I would hope someone would all help another,IF Truly in need of it! This was just STUPID ON MY PART. There is "sucker " on my forehead! I did my investigation work after I got them out,(that is my business,lol, 20 yrs and I didn't check them out FIRST!DUMB) to find jugements in nearby state 4 of them and one here in my county who is a friend and I never know the decking I was looking at piled on my rental property was ripped off his 300K house! I would have called him and the cops!

You still haven't even said what COUNTRY you are in.
In the US 'fixtures' stay with a property in a sale, and fixtures are defined as glued, screwed, planted, or otherwise attached in ways that alter the property and are not removable without leaving some sort of change. That's not a quote but it is written on every standard purchase agreement. Rentals - that's for the court to decide, probably, and the court HAS decided.
You are letting a lawyer intimidate you - that's all he's good for.
You don't have to RESPOND to him.
Try to relax and follow through on YOUR claim for damages.
Forget all the tenuous stress charges, which haven't a snowball's chance.

This lawyer is VERY good at this! And you are right , I did nothing wrong except for being a sucker for a crying lying renter, and my lease said it has a stove with it, they claimed that "sparks were flying everywhere" that is a lie,

joypulv:

Quote:

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Originally Posted by michele0131

excon, I didnt know what they had done to the landlord before me.I would never have rented to them! I went to the Sheriffs office ,and they went to the new address they were at , they didnt answer,left note and a report was filed. they said it was grey are as it was a renter and leaned twards civil issue, referred me to magistrate for warrant,, then magistrate does hearing to determine is there is enough cause, again because rental,judge said he would allow me to modify damages case pending, that told me he saw what they were doing and to add it, he knew they were doing something wrong and this was his way of letting me have it delt with. Im in Georgia,Rentals should be run as a business YOU are RIght 100%, I just feel sorry for people when they cry and dont have a place to go! Look whos about to cry now!! LOL! when economy picks back up I want to let a company handle the rentals I have. I am a Builder with a subdivision.....no building for 2.5 yrs. no one looking at lots for 3 yrs, there is NO extra money any more when feeling sorry for people. some people deserve to be helped, and I would hope someone would all help another,IF TRUELY in need of it! This was just STUPID ON MY PART. there is "sucker " on my forehead!! I did my investigation work after I got them out,(that is my business,lol, 20 yrs and I didnt check them out FIRST!DUMB) to find jugements in nearby state 4 of them and one here in my county who is a friend and I never know the decking I was looking at piled on my rental property was ripped off his 300K house! I would have called him and the cops!!

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Thanks. That was posted while I was still typing.

I'm in Georgia, the usa

In Georgia, you can require the renter to return the property to original condtion if they do unauthorised additions or improvements.

So they can be asked to take it with them, fill in any holes in the ground and replant any grass the fense killed.
Unles you like the fence.

So they have hired an attorney, you need one now, they are not gong to sue in small claims court, they are gong to sue in state court, so you will need an attorney or you will lose, does not matter if you are right, in GA, in state court, you will lose, since the judge will not help you and if you don't properly answer motions and present evidence properly, it is not allowed.

Thank you, I am sueing them for damages, over 7000.oo worth, from carpet ripped and pooped on by dogs(lease says no dogs) to holes in walls,interior trim & doors chewed up, tile floors broken etc.. I already went to court for eviction, and rent not

Pg2 not paid, & judge told them they can't take fence its attached to property.that judgement has been done,now Im taking them for back rent,&damages ,I don't see how he can go back & ask 4 money 4 fence NOW?when judge said no.But he can ask,I have

And this is why they are counter suing, to try and get you to drop your law suit most likely.

If they have an attorney, expect them to find reasons to put off any eviction, an attorney can most likely push it out 4 or 5 months before you get them out, and they won't be paying during this time.

So again, if you don't have an attorney, get one,
Make sure your quit or pay notice was properly given and written, if not, they can make you start at that step again, at the first court date.

They will also claim they don't owe rent, since you owe them for work their did and so on.

To get you up 2 speed they are out of house.I have copies of when they pd rent,bank info,pics&their letters saying they were late,also found who they did this to before me and they have judgement against them too that wasn't pd,after arbratration,we will b

In mag.crt.have witness's 2 house before they moved in,reciepts 4 new carpet,new paint,found4judmnts agnst them in another state.& 3evitctions,they didn't live more than 5mths in any other house,just stupid me

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Ok you need to stop using the comment feature to give more answers, that is not the correct way to use the site,

You are suppose to "answer" your own queston to add more info, that is why your answers are broken up like this,

The comment feature only allows a very small amount of info.

There is no way they should have won any case about the fence, I would appeal that if still in time frame, and honestly would never pay if if they had a judgement. A lien means little unless you sell or die.

I don't think they told attny the "rest of their story" or past evictions&judgements,my lease says they wld have to pay attny fees,so guess I will get one,their shld b web site for "rent offender"s!

@FR Chuck.. oops didn't know how to use site,thks. Guess I will go to arbrutration,then to mag,crt,lease says they have to pay attny fee's,and I have pics of damages,costs to repair,a piece of the carpet,& ac filter never changed,with witness to prior condition of house,copies of invoices for new carpet prior to them moving in along with their pnmt history & copies of my checking acct,their letters saying they were late,text messages,should do it,lease says they would have to pay my attny, guess its time to get one,if they loose in Magistrate their attny will probably appeal to surperior ct. I think witness's where they prior lived and that they left their houses the same way should show the judge their history. I was SHOCKED when I found last person they rented from to find they cut the deck off the back of his house with a chain saw! and took it! A 350K house!! Im garnishing them for the first judgement to get them out that month & 1/2 and after seeing they have done this to many other people, I can't allow them to just get away with it, with out trying to have the court system do its justice. The law should be on my side with evidence like I have.Im sure they didn't tell the attny they hired all the truth...