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View Full Version : HELP! I'm being sued!!!


sew
03-31-2005, 02:33 AM
:SM030: A tenant of mine had a friend over and the interior stair broke under her and I am being sued for 240,00.00.
The guest of my tenant claims I knew of the broken stair and I did but had it repaired. The guest and tenant were drinking when this happened an there was no ambulance called and no hospital visit and I have been treatened with lawsuit for 15 months whenever I try to collect rent form the tenant.
I have beento my personal attorney as well as the insurance carrier's people


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Jbcontractors111
03-31-2005, 04:06 AM
<<--NOT A LAWYER

They would have to prove prior knowledge and negligence.

It sounds like a clever scheme to not pay rent.

Depending on what state you live in (Texas you can) record the phone conversations.
If they were going to sue you they would have by now.
My 2cents.
J.B.

Aldo
03-31-2005, 04:34 AM
The story is the last paragraph in this reply because I first want to address sew's issues.

My first question is, "15 months? Why is this tenant still your tenant?". Next, I pray to Whoever preceded Adam and Eve that you have been getting your rent. Your post makes it sound like you haven't collected rent for 15 months.

Next. I'd say that you have nothing to worry about if you can show that you made the proper necessary repairs to the stairs and, more especially, if you can prove that the tenant was 'over-served' at the time of the alleged incident.

Lastly, if you've spoken to your attorney and to your insurance carrier, do you realistically expect the non-lawyers and non-insurers here to second guess those professionals?

Okey Dokey, Here's what you're waiting for. For brevity's sake, details are omitted.

A tenant's kids were seriously littering the neighborhood. I confronted the tenant with unquestionable proof and she still denied it. Two months later I was served with a lawsuit due to her ex-hubby falling down the common stairway because of a loose handrail resulting in a broken foot. Here's the documented facts:
1) The handrail was OK'd by the building inspector two weeks earlier during a routine annual inspection.
2) The broken foot was the result of a job related injury 18 months prior.
3) Ex-hubby was provably drunk in a tavern at the precise time of the alleged fall.
4) My insurer paid a $10,000 out-of-court settlement
5) The state snagged the entire $10,000 as repayment for unreimbursed welfare benefits.The state got the entire amount, so they had to pay all of the legal expenses.
6) There IS a god.