I was tricked by my ex into taking on a large rent payment on a house. Immediately after I moved in, my ex backed out w/o any warning. I didn't want to put my kids through anything else, so we stayed and struggled. Luckily the landlord was kind enough to work with me with some late payments I had regularly.
When we signed the lease, both myself and my ex, we asked MR. Rowe if we could paint. He said yes, with light colors, and would have to repaint it white before we moved - this is standard with most leases, however, I did not ask him to put it in writing -I'm too trusting. His wife, Kathy, started to object, but he hushed her, and said "it's okay". They also told us how they had been chasing their previous tenants for over a year, because they did a lot of damage to the house, and they said they won a settlement in court for thousands, but were unable to find them to collect. They even asked me to keep an eye out for the people. I had no reason to doubt what they said. Again -I'm too trusting.
Later however, after being in the home for 3 years, my company was reorganizing and changing how they paid us making it even harder for me to stay, so I talked to the landlord, kept them up to date on what I needed to do and let them know as soon as I found a place I would be moving out -they were very nice about it.
UNTIL, I let them know I found a place, and the date I was going to be moving out. THEN it was Dr. Jekyl/Mr. Hyde. They filed an eviction notice on me in court delivered to me about 2 weeks before my move out date! Cited me for non-payment, even though we had verbal arrangements over the phone, and I had kept arrangements in the past!
They waited until I was out and did an inspection of the property. We spent days repainting the walls, and repairing any holes - looked nice, but was a restoration paint -used by builders & professionals to cover up color -and then you are supposed to paint over it, but it was ready for the owner to go over it, as any landlord does, when they are getting a property ready for the next tenant -just part of the overhead with this minor stuff. Since we lived in the house for 3 years, and I had to pay to have carpets cleaned myself - I rented a cleaner -there had been a dog in the house prior to us living there, and so our cats kept peeing in the sames spots the dog had. Neighbors told us about the dog.
We cleaned it as best we could -but damage had already been there when we moved in. Since they had filed an unwarranted eviction notice - I made sure I took good pictures of everything in and out of the house before we left. They sent us, through our attorney, a statement of damages, but without any costs attached. This is part of their game we found out later. These people had some friends of theirs/or relatives come sit across the street in their car spying on us while we were packing!
We then it gets really interesting. I don't have proof, BUT, it just happened that I forgot to file my change of address right away, and it was at the same time I would have gotten a statement of my "x" account. No proof, but Kathy Rowe showed up in court two months later, with a list of damages - most of them were standard rental landlord responsibility -overhead stuff, and some made up, and the amount was almost to the penny what was in my "x"! I did not have that kind of money anywhere except my "x" & did not have access to "x" nor allowed to get a disbursement for this type of thing from "x" either. She couldn't very well say out loud in court - "yes you do, it's in your "x""... BUT she tried to get a bundle of money out of me - almost 10K!
I cleaned that house spotless! I left it in better condition that almost anyplace else I lived. I have worked as a manager in apartment complexes in the past and trust me - this house was in NO WAY "DAMAGED", OR EVEN CLOSE! It was minor normal wear and tear stuff -and most of it, I went ahead and did, even though technically if I didn't -it's part of normal wear and tear they can't sue for - a majority of what they tried to include were normal wear and tear items that renters are NOT responsible for when they leave -it's all overhead items - like them having to fix the hvac, or them having to prune landscaping, or them having to replace the carpet that was old when we moved in, or cheap blinds that broke -even though we left really nice bamboo ones that we bought in... (she actually tried to sue for that too I think).
She even tried to make it the responsibility of the RENTER when a small tree shoot had started growing up through the deck in an out of the way spot, and her husband had to cut it down -we're talking a small thing about 1/2" in diameter that fit through the boards... She told the judge "a tree had started growing up through the deck boards "damaging" the deck and she thought it was funny". This was a newling, no more than large "weed size" you could break off with your hand, and had not done any damage at all what so ever to the deck -the deck would have damaged the plant first! But that's the kind of crazy stuff they tried to pull.
Keep in mind, we cleaned the carpets (nothing could be done about the pet stuff, but that started before we moved in -two corners right next to the fireplace -that's it), we mowed, we planted flowers, we hired a maid to come help clean inside, we cleaned everything. The only place there was anything left - was the barn outside - I think we forgot some stuff -but there was NO damage.
These people tried to sue me for NEW carpet, paint damages (she claimed I ruined the walls with all the different colors of white and they had to repaint -they are SUPPOSED TO REPAINT), and when their heating system went out one year -they had to have it fixed & tried to say it was because I didn't do something right -luckily I had enough experience with forced air hvac that I knew better and she didn't get that one over either-tried to say that during the 3-6 month period of time when they decided to stop coming and replacing the air filter EVERY month, and started leaving me ones that didn't fit so I would replace it eVERY month -which I have never done anywhere else ever that I rented, she said that is what caused the motor to corrode and freeze up -
No -it was absolutely not - the hvac had not been professional serviced according to the sticker since 1996 - nothing had been oiled or replaced internally at all. Had nothing to do with me, or changing the filter.- (landlords responsibility as is painting, having carpets cleaned and replaced etc etc. Minor drywall fixes, marks etc - all part of rental overhead a landlord is responsible for) Basically tried to charge almost 5 times the cost for things landlords typically have to do anyway -hence the damage deposit. I was behind on my rent so she tried to keep a check I sent her as a damage deposit and say I owed rent -my attorney was smarter than her and said -nope. That was rent - you try to sue for damages if any.
AND in addition for trying to make mountains out of normal stuff and sue for large amounts in court -she kept calling me NAMES, and insulting me personally in court. The judge was NOT impressed. Her very dishonest nature was showing very clearly. Not only that, but our saving grace as it turns out, is Indiana law.
She had to have given me a detailed statement with the dollar amounts for each item individually within 45 days of our eviction date! Never did -waited until we got to court BECAUSE she had pulled the same thing on the previous tenant with a different judge, and because the previous tenant didn't know how to handle it-didn't have pictures, weren't aware of the law - so the Rowes were awarded tons of money. Since the carpet wasn't THAT bad -wasn't new, but I've seen apartments worse, I'm leaning toward believing the Rowes pulled the same thing on that tenant, and that tenant wasn't as smart.
They thought they were going to take advantage of the single mom who they thought didn't know anything. She knew my financial situation and assumed I wouldn't fight, and that I couldn't afford an attorney -my ex, who happened to still be on the lease, who was being sued also -paid for the attorney.
The people that they won against prior must have not known what the laws were, or been smart enough to take pictures... She even told the judge "the inside of the refrigerator was disgusting! Food everywhere, we had to scrub -almost had to just throw the thing away!" - I had a picture of the inside of the refrigerator and the judge HAD IT IN HIS HAND, while she was telling this fable... Too funny-the judge totally caught her and she was so into her "story" she didn't even notice. It was nice and white. -not perfect -the thing must have been 15 years old -but it was clean!
She was soooo mad when the judge said "no dice, you aren't getting a dime!", and cited the Indiana Code letting her know -they had to have given me all info within 45 days after I moved out... Can't just show up in court in hopes of catching the victim off guard. She even tried to give the judge a piece of carpet - no doubt from one of the two spots right by the fireplace since that was the only place in the house where there was a problem. And he said "won't matter". It was so nice to see a dishonest person trying to take advantage of someone to get ahead - get shot down and put in her place!
As she was walking out, she passed me, and said " I hope your happy -you ruined our house!" - Her house was fine... I did a lot more than most tenants do, but boy she really tried to work it. The judge gave her a warning, and she left! Watch out for these folks! They have a property in Ft. Wayne too! And who knows where else - don't be fooled by really nice landlords... Get EVERYTHING in writing, even if its just a clarification! When you move out -take pictures of EVERYTHING, including inside the stove and refrigerator!!! You'd be surprised what some people will try to pull.
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