Lease Question
I rented a home to a woman in 2005. She subsequently broke the lease, caused damage, and stole items from the property. Due to financial and personal reasons including but not limited to moving twice between two states I am just now filing my small claims case. My question is this. Is my own lease going to be my downfall and her gain? The following paragraph is in my lease (I downloaded from the Internet)
Tenant agrees, without protest, to reimburse Landlord for all actual and reasonable expenses incurred by way of Tenant’s violation of any term or provision of this lease, including, but not limited to $10.00 for each Notice to Pay, Notice to Quit or other notice mailed or delivered by Landlord to Tenant due to Tenant’s non-payment of rent, all court costs and attorney’s fees and all costs of collection. Both Landlord and Tenant waive trial by jury and agree to submit to the personal jurisdiction and venue of a court of subject matter jurisdiction located in …….County, State of ……. In such event, no action shall be entertained by said court or any court of competent jurisdiction if filed more than one year subsequent to the date the cause(s) of action accrued.
Re: Lease Question
I couldn’t advise without seeing the whole lease. How much is at stake in this claim?
Did you keep any deposit?
I have 25 years experience as a LL and in Landlord Tenant law.
David Anderson
Mahoney Anderson LLC
P.O. Box 44504
Eden Prairie, MN 55344