Indianapolis, IN · Member since 2016 · 21 posts · 9 votes
Tenant removed my shed and replaced it with a larger one. Tenant gave me 30 days notice to vacate. After 45 days, tenant moved out and left the shed, I learned that because of its size, it required a permit to be there, which tenant never acquired. I had it removed because I was worried I would get fined by the city. 10 months later, tenant is suing me for 8k for the cost of the shed that they had ample time to remove. Tenant is claiming a law that says any property a tenant leaves, landlord must keep for a period of one year so the tenant has time to reclaim their property. Is this true? What is the best way to move forward to win this case? Any help is appreciated.
Update: I lost the small claims case, tenant won judgement for $8k. I plan to appeal and take it to a real court. Judge said it was their personal property and I was not allowed to move it. The court was ridiculous, like watching a bad episode of judge Judy.
Does the tenant have one year to reclaim, what law did the judge read to you?
That is ridiculous and its beyond "tenant friendly" laws. Basically, you are also a storage facility. What would happen if they left the apartment with all belongings in it?
Los Angeles, CA · Member since 2013 · 555 posts · 261 votes
7y
small claims court is a joke.
The judge is a jack of all trades, master of none, and doesn't know the minutia of the law, so he comes up with a bullchit judgment in the 5 minutes allotted for the case.
If you go in prepared, quoting various laws and codes, then sometimes the judge might side with you.
An $8000 shed does not sound like "personal property" that you can store in a 10x20 unit at Public Storage.
I just googled $8000 shed, and at that price level, sheds are some fancy chit!
Chattel vs Fixture/appurtenance. Once it becomes part of the real property, it stays.
Abandoned Fixtures - When a tenant that is leasing/renting an apartment installs a fixture it will become an appurtenance as well. This fixture when installed becomes permanent and an appurtenance to the real property that he/she is leasing. It must be left with the apartment at the time the lease ends.
Now the question is- how was the shed bolted down, and was it easy to remove?
I would appeal and countersue. Do your homework and go in with overwhelming law logic and facts.
Countersue $8000 for your shed, and $8000 for storage fee on your property. $8000 is too big an amount to pass up.
Rental Property Investor · Los Angeles, CA · Member since 2017 · 2k+ posts · 5k+ votes
7y
small claims court is a joke.
Yes, yes, yes!! Some failed lawyer working as a low level judge gives maybe 3 minutes to explain your case. They are not versed on the law and won't take the time to do research. God help you if you get a pro tem judge. Those ones are so dumb they pull up their pants before they wipe.
I once had a judge tell me that he was unsure if HOA CCRs were a legal document. He decided they were not.
Would he go Judge Judy on you and tell you to STFU and rule against you out of spite?
I pointed out that they were legally filed with the City and a legally binding document that the other party agreed to be bound by when they purchased their unit. The judge politely disagreed. He ruled against the HOA. We appealed the ruling and had a more favorable outcome with the next judge (who was a know-it-all a**hole).
Foster City, CA · Member since 2019 · 9 posts · 5 votes
7y
@Joshua Jarrett I was thinking the same thing. Sometimes in the lease agreement there “should” state verbiage about any alterations to the house and/or property must be approved by the landlord first
Foster City, CA · Member since 2019 · 9 posts · 5 votes
7y
@Kevin Harris sorry to hear about your troubles with your previous tenant Kevin. I skimmed through the comments and didn’t see anything about a lease/rental agreement with the former tenant. Did you have one in place and if so did you have verbiage about tenants obtaining landlords permission prior to making ANY alterations to home or property?
Indianapolis, IN · Member since 2016 · 21 posts · 9 votes
7y
@Mike Franco. They financed the shed for $3500, quit paying and got sued. The finance company won judgement for $8,000 for penalties, fees and interest.
Multifamily Syndicator · Houston, TX · Member since 2016 · 1k+ posts · 2k+ votes
7y
@Kevin Harris Many great comments here. But I agree with @Jay Hinrichs that once you start getting lawyers involved in an 8k sue and counter sue no one really "wins". So, you and your tenant may seriously consider if the whole thing is really worth in the end.
Write a firm letter to remind your ex-tenant that the only winners here will be your attorneys, and you have a really close friend as an attorney 👨⚖️👨⚖️
Really hope it works for out in the end... Good luck
@Mike Franco. They financed the shed for $3500, quit paying and got sued. The finance company won judgement for $8,000 for penalties, fees and interest.
How could your tenant win for $8000 if the value of the shed was only $3500 when purchased? The value of replacing the property is $3500, not all the cost the owner incurred about that due to their actions.
Foster City, CA · Member since 2019 · 9 posts · 5 votes
7y
@Kevin Harris Perfect. I’m not a lawyer nor familiar with your states law, but they essentially constructed a non permanent structure without your permission. I’m assuming it states it clearly in the lease agreement which they signed. Strike one. They abandoned the property. Strike two. And now trying to sue, for what? Their abandoned property? If you didn’t contact them or send certified letters within a certain amount of time, usually 90 days, then now you know. Documentation, documentation, documentation. I would counter with the cost to get rid of the item plus your time and efforts to bring the property back to life. Good luck!
Investor · Manteca, CA · Member since 2017 · 1k+ posts · 2k+ votes
7y
Wow....just WOW.... did not see that coming. My best guess is the judge saw the $$ amount involved and made the judgement based on that aspect rather than the actual laws for abandoned property
There are HUGE holes in this judgement....now you just have to decide on how far you want to take it. Its possible you "throw good $$ at bad" and loose more...... or you spend several thousand $$ on a lawyer and win and come out ahead on $$ but still out a decent chunk.......
Doesn't the company that built/financed the shed actually own it now? I'm surprised these people can get a judgment on an item that was essentially "repossessed" to being with.....
Investor · Manteca, CA · Member since 2017 · 1k+ posts · 2k+ votes
7y
You can always use the same tactic most tenants use on us.......
"You won the judgment.....but good luck actually getting the $$ from me".........
Stall and make it as hard as possible for them to actually see any $$.... they probably have other debt collectors breathing down their neck, so delay any "relief" for their other baggage
Of course that will hurt your credit and be on your record, but at the end of the day I might just eat that just to do pay these people
@Mike Franco. They financed the shed for $3500, quit paying and got sued. The finance company won judgement for $8,000 for penalties, fees and interest.
I'd be tempted to buy a $3500 shed and drop it off on the tenant's new doorstep. I can't believe you are expected to pay for penalties, fees and interest because the tenant stopped paying.