konglongah2022-05-04 12:21:32

四月底因为房客欠租主动要求搬出去,我随后安排看房,但是其中有个疏忽,就是没有等租客express consent 就去了。前情提要见https://bbs.wenxuecity.com/tzlc/1594506.html

事情发生一周后租客到circuit court提诉,申请hearing。主要complaint: enter without permission, violate her right to quiet enjoyment, hostile towards her; breaking into her apartment(房客之前换过锁,但是门上有两把锁,她只换了一把,当时她换过的那把没有锁)。

主要诉求:法庭判房东违反相关租房法规,责令房东立即停止不法行为并赔偿误工损失100刀。

我对租客合法权益是无条件支持的,是我的错我肯定低头认罪,但是此前我也希望称述自己看法。下面是我的应诉, 大家看看我到底有没有case? 谢谢!

Denied: entry without permission, breaking in, harassing & humiliating plaintiff in front of people, threatening her to call police

I opened the door to the leased property in question with consent from Tenant, in order to show the apartment to prospective applicants with over 50 hours prior notice.

I have the key to the apartment . The lock that Tenant said she had changed was not locked. The other one was the old lock. 

I contacted Tenant on 4/20 about her unpaid rent for April and Tenant said she was getting a loan and would let me know in the afternoon, which she did not do. 

On 4/21, Tenant informed me that she was moving out by 4/30/2022, after failing to secure fund to pay the rent for the month. She asked if she could use the security deposit to pay the rent, to which I agreed.Tenant confirmed her cell phone number and asked me to contact her if I had any concerns and told me that she would be glad to meet me for inspection or anything else. I then let her know that I would list the apartment for renting and would schedule showings. I notified Tenant the same morning telling her that I would have a showing of the apartment to prospective applicants at 1:30 pm on 4/23/2022. I did not receive any objections from Tenant. This notice was given more than 50 hours in advance.

On 4/22/2022, I sent a message telling Tenant that she didn’t have to worry about late fees and that I would appreciate it if she could clean the apartment before moving out. 

On 4/23/2022, the day of the showing, I called Tenant twice in the morning and left a voice mail asking her to let me know if she had any concerns about me showing the apartment and that she didn’t have to be home but she should keep her valuables secure. I did not receive any objections from her. 

On the day of the showing, I came up to the apartment, knocked on the door, waited and hearing no response, said ‘I’m coming in’ before I opened the door. I asked “Anybody home?” by the door. At that time Tenant’s daughter came out. I asked where the Tenant was and was told she was at work. I then asked her to tell Tenant I arrived for the showing and that I would be back in about 10 minutes. I then closed the door and went downstairs to wait near the entrance.

Right before the showing, Tenant walked by me through the entrance. She did not stop to voice any objection to the showing. 

When I arrived at the door of the apartment with the applicants, I knocked on the door. Tenant did not speak out. I said “We’re coming in.” and Tenant did not voice any objections. I then opened the door but the mat under the door got stuck so I apologized to the applicants and bent down to put it back to place. I then walked through the door and motioned the applicants to come in. At that time Tenant appeared from the kitchen and threw her arms up to drive us out.
 

Given the fact that Tenant had been prompt in communicating with me, and that she did not speak or express her objections to my actions when she had plenty of time to do so on multiple times, I inferred consent from her the way any reasonable man would.

 

I did not go there to demand rent as Tenant claimed. I already agreed to use her security deposit and I was expecting her to move out in a few days.

 

I did not threaten her in any way. During the incident, Tenant locked me in the room with her after the applicants exited and yelled at me waving her arms up and down. One of the applicants knocked on the door asking me if I was ok. I feared for my safety and told her I was calling the police. Tenant then opened the door and yelled ‘get out’.

 

I always treated Tenant with respect and courtesy.

 

Tenant was behind the rent payment multiple times for various reasons and I always showed understanding.

I returned her late fees and asked her not to worry about the late fees.

 I did not charge any fees when her checks were bounced back. 

When she complained about condo management or had an issue with them I always tried to resolve the dispute between them promptly. 

I also made an exception for her to make a copy of the keys for her mother even when the lease agreement allowed for only one copy of the key.

Partly Admitted(causing disturbance): Our arguing caused disturbance to the neighbors. I raised my voice  when trying to defend myself against her false accusation that I was kicking her out without 30 days’ notice and that I was a bad landlord. I was appalled by her lying in front of me and all I could say “tell them the truth, why you are moving out”.

 

 

柠檬椰子汁2022-05-04 12:41:43
你的应诉,只有事实和意见,没有法律依据。
konglongah2022-05-04 12:49:46
受教了
柠檬椰子汁2022-05-04 12:53:54
基本上按照她的起诉状的outline,逐项反驳
konglongah2022-05-04 13:04:40
确实