I have this 10 day notice for damages /rent,this is what my mother got from a reality company, how long ago I don't know ,the part of the doc. that I worry about is as follows: ((You are hereby notified that in consequence of your default in damages,for said premises,) all of the 10 day notices that I have seen you are suppose to describe the damages. I used this to evict the tenant ,which they do have to be out by 8/20/06. My husband wants to take them back to court and sue them for damages and back rent,which believe me they need to ,but I don't think this eviction notice would hold up,in that case all the court cost ,attorney fees woulld fall on us. Could someone help me with this or any advice, especially if they could tell me about that phrase in this notices. Thank you for any help.

I hope someone knows something about this,surely! :confused:

Why didn't you include the damages they supposedly caused with the eviction notice? Why don't you think the eviction notice will "hold up"? What did the tenant do specifically that caused the eviction? Do you have any proof of the damage caused by the tenant?

You are certainly entitled to back rent, but damages are supposed to come out of the tenant's security deposit. You can tack on any amounts of repairs made to the property that weren't covered by the security deposit though, when you seek the back rent.

Rainsky,yes I have proof of the damage ,I was told it was easier to file single action instead of joint action,which the judge told us to wait until they are out 8/20/06 at noon. As far as the deposit ,my mother was renting all of this property out to some guy ,who was neglecting the places,he either got the deposit or never charged a deposit,my mother was to have gotten all deposits but the guy was screwing her around. My question was ,the part of the eviction notice says in consequence of default of damages,most I have seen you have to describe the damages in the eviction notice. They deserve to go to court for no rent and ddamage ,I just don't want the judge to throw it out and say its no good ,then we may have to pay for who knows what, Thanks

Let me get this straight. Your mother rented the property(ies) out to a man who then, in turn, rented them out. Did the man who originally rented the properties give your mother a security deposit? If the tenants were evicted for not paying rent, then it doesn't seem that you'd have to list any damages on that eviction notice. As long as you have solid documentation of the damages and an assessment of the cost of having the properties repaired you should be okay.

I only ask about the security deposit because you'll only be able to ask for an any costs that exceed the amount of the original security deposit. For instance, if the security deposit was $1000 and the damages total $1100 then you'd only be able to ask for $100 to cover the repair costs.

Did you go to court already on the eviction notice, or did the tenants vacate within the ten day period willingly?

Rainsky. The judge ordered them out ,they have to be out by 8/20/06. The man that my mother rented the properties to did not receive any deposit,or he kepted it,my mother was to receive all deposits for the properties. I delayed asking for damages until after they moved out ( the judge told me too) I have pictures, we will not be able to assess all damages until they vacate. I was just worried about the wording in the eviction notice. Thanks! I may take the guy to court too,I'm so fed up with people taking advantage of my mother,thats why I have them now. No the tenants were evicted for damages and for past rent .They never offered any rent once they got the eviction notice.