Using the above references and the scenario below - write a one page essay analyzing the situation and what
you should do about it. Send your response to the instructor by the due date.
SCENARIO
You own a condominium in Gastonia and rent it out where a tenant pays you once a month. The rental
agreement that tenants sign specifies their liability for any damages and they put down a $400 security deposit
upon signing the lease agreement. After several years of renting from you, your tenant informs you they are
moving and will not renew the agreement past it's expiration date. After they move all their personal property
from the condo you and they conduct a "walk through" inspection and you notice minor spots on the wall that
you'll have to paint (but that's fair, wear & tear and not true damage). You return their deposit in the form of a
check and all seems to be finished with them. However, the next week you return to the apartment to replace
the garbage disposal and discover a huge hole in the bottom of the kitchen sink cabinet that was apparently
caused by the tenant at some point of their rental term. The hole appears to be caused both by water damage
and an apparent attempt to cut away the rotten wood. A repair estimate is $750!
- Can you take this issue to small claims court?
- Assuming you can take it to small claims court - what must you do to prepare for the litigation?
- Do you need an attorney for this situation or can you (or should you) handle it on your own?
- What types of fees should I expect to pay, and what are the amounts?
- What happens if the tenant denies they caused the damage? What do you think happens if they don't show
up at court on the date of the hearing? - Do you think you should win this case? Why or why not?
Sample Solution