[adthern]

I am sad to say that the attorney you are presently using is inadequate for the job. Fire him, and get one who is actually experienced in landlord/tenant real estate law as well as contracts. Most lawyers are.

Yes I realize you most likely represented yourself--it was a mistake in this situation.

I suspect with an almost 10k claim, this was not small claims court, and therefore you were dealing with a no nonscense judge. There are rules (proceedure, evidence) that are very confusing and need be followed or you lose (as you found out).

I agree with Scott and others, you have a business and a complex one with many rules and regulations to follow, if you fail to heed one small rule you lose.

For example, you mentioned that the water bill was in your name and you had an agreement for her to pay her share. Was this laawful according to the laws of SC? (not your gut thought of what's fair). There are some things you can not contract away.

Perfect example is a pet deposit, a tenant wants to move in with a dog... ok you figure the dog might damage the property (reasonable right?) not here in Mass, it is unlawful for a property owner to charge a pet fee or any fee other than 1st last and security (with therare exception of a key fee) any other fee is a violation of the consumer protection statute and subjects the landlord to pay up to 3 times the tenants losses plus the tenants attorneys fees! So, get a real lawyer for the important stuff like the contracts the tenants sign and $9900 claims!

[rvdsid]

Yes the record I have of her agreeing to pay rental charges is the Commercial Rental contract that she signed with the stated & documented amounts.

She owed over 10K but I reduced the amount to $7450 to keep it in the local magistrate level.

Water bill, she used water... she agreed to pay her share did pay some and then the situation got complicated when I tried to let her work off some of the rental charges. Who's name it was in etc. never came up. Regardless, explain why the judge simply said, " I rule in favor of the defendant" With no explanation or any additional comments?

[excon]

Regardless, explain why the judge simply said, " I rule in favor of the defendant" With no explanation or any additional comments??

Hello r:

He's not required to say more. Besides, he might be a rookie judge. Small claims court is like training wheels for judges...

excon

[ScottGem]

And her defense was that you waived rent in lieu of improvements. The fact that you lowered what was owed to fit into Small Claims probably worked against you.

Small Claims courts are more informal. There is no requirement for a judge to do more then rule on the suit for or against.

[rvdsid]

Ok, maybe by lowering it did work against me... can I take the exact amount owed to the court that would handle claims higher than $7500 now... since I have taken it to the local court with the max of $7500?

So, am I better off appealing at this amount or taking actual amount to the higher court?

Thanks,

Scott

[ScottGem]

Frankly I'm not sure you have any grounds for appeal. And you can't try taking the same case to a different court.

[excon]

So, am I better off appealing at this amount or taking actual amount to the higher court?

Hello again, r:

You originally posted on Nov. 16. I'll bet your appeal rights ran out in ten days from the date of judgment. For sure they ran out after 30 days.

excon

[rvdsid]

NO as a matter of Fact. It took me going to the court of appeals and the county court in person after many many attempts to get someone to explain there own related documents and they kept saying that they're not lawyers can't advise me... didn't need advice,indeed someone to explain what the cryptic unqclear wording related to appeals meant... And finally I was able to get it out of them that until I receive the judgement in writing the clock doesn't start. And since, I was the plaintiff... well you guys are lawyers should know the rest.

So, again... appeal or can I start another case based on actual amount owed?

[excon]

So, again....appeal or can I start another case based on actual amount owed?

Hello r:

You only get one bite of the apple..

excon

[ScottGem]

So, again....appeal or can I start another case based on actual amount owed?

I answered that before, You can't refile for the same case. The only avenue left is an appeal.

[rvdsid]

Ok care to clarify exactly what are my options at this point?

[excon]

Hello again, r:

An appeal. But, I'm not confident you'll win.

excon

[Fr_Chuck]

Yes, you already sued, and lost, so you can't sue again in another court. You can only appeal, but you have to show a fault in the proceeding

[adthern]

Go to the local Law library and research appeals and find out how long you have (check in rules of court or similar for the appeals court for small claims).

That being said, if you really want to know why the judge ruled, you could make a motion for writn findings (though again that will need to be by the rules of court: i.e. time frame, requirements for filing, and jurisdiction.)

So, lets see... If you had at least consulted an attorney for say 500$ you might have at least learned not to decrease the amount, where to file with the best chance of winning, what motions to file to improve your situation, how to get in the evidence that would help you, and if done prior to the whole agreement maybe even a winning case.

My point from earlier was simply to ay that there are certain things you absolutely can not contract away, doesn't matter if the other person agreed or not. However, a separate contract say for their improvements and one as the rental agrement (seperate) would have worked, you could always have forgiven some of the rent for what you owed the person. Strangely enough, it sounds like you made it more complicated and that worked against you.

So, file it under educational costs and find an attorney to draft your contracts.