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User Stats

31
Posts
9
Votes
Christopher Gingras
  • Gainesville, FL
9
Votes |
31
Posts

So a tenant is suing us...

Christopher Gingras
  • Gainesville, FL
Posted Jun 4 2018, 11:31

Good Afternoon. I am not sure if anyone has experienced a tenant lawsuit but supposedly a tenant fell at one of our properties and hurt their ankle. We are located in the Florida, the property is in an LLC and we have coverage on the property plus a personal umbrella.

Any words of wisdom from someone who has experienced this before?  This is new and I am not sure what to expect or next steps or the costs.  This is after discovering another tenant moved out and left dog poop all over one the bedrooms.  There are days that a mutual fund sounds like a better choice.

We reached out to our attorney and notified the insurance broker.  Sigh

User Stats

2,072
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1,379
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Carl Fischer
Pro Member
  • Rental Property Investor
  • Ambler, PA
1,379
Votes |
2,072
Posts
Carl Fischer
Pro Member
  • Rental Property Investor
  • Ambler, PA
Replied Jun 4 2018, 11:58

@Christopher Gingras

You did right. Insurance should handle it from here-they will give you an attorney to represent you so continue living and enjoying life. It is a part of doing business and dealing with the public. I also make my tenants get renters insurance that may also take effect-you should get a copy of the policy each year and the LLC be an additional insured.

User Stats

24
Posts
6
Votes
Glenn P.
  • Rental Property Investor
  • Gainesville, FL
6
Votes |
24
Posts
Glenn P.
  • Rental Property Investor
  • Gainesville, FL
Replied Jun 11 2018, 11:55

Do you manage these yourself?  Was the area that the tenant fell a known hazard they had warned you about or that you should have known about?

I agree with the other poster, I think you will be fine and just keep on enjoying life.  Sorry that you are having to go through that!

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User Stats

31
Posts
9
Votes
Christopher Gingras
  • Gainesville, FL
9
Votes |
31
Posts
Christopher Gingras
  • Gainesville, FL
Replied Jun 11 2018, 12:05

We just switched to a property management firm but there was no notice at all of a hazardous condition.  Nor did they notify us after the incident.  When I visited to take photos recently there is a small deterioration to the walkway at the end but its no different than any other crack you might see on a city sidewalk.  It really does seem like a perfect walk way.  Oh well.  Thanks for the thoughts.  Hopefully the insurance company fights the claim.

User Stats

492
Posts
209
Votes
Andreas W.
  • Durham, NC
209
Votes |
492
Posts
Andreas W.
  • Durham, NC
Replied Jun 11 2018, 12:12

Don't get discouraged. The fact that the tenants sue you doesn't mean they actually have a case.

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6,023
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9,403
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Dennis M.#5 General Landlording & Rental Properties Contributor
  • Rental Property Investor
  • Erie, pa
9,403
Votes |
6,023
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Dennis M.#5 General Landlording & Rental Properties Contributor
  • Rental Property Investor
  • Erie, pa
Replied Jun 11 2018, 12:15

The lawyers don’t want your portfolio or your residence or even the money in your account . They want the insurance company to pay them . It’s scary but keep a cool head and listen to your attorney

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2,581
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2,067
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Kim Meredith Hampton
Agent
  • Real Estate Broker
  • St Petersburg & Orlando
2,067
Votes |
2,581
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Kim Meredith Hampton
Agent
  • Real Estate Broker
  • St Petersburg & Orlando
Replied Jun 11 2018, 14:28

Christopher,

Unfortunately, we live in a very litigious society. I deal with this xxxx all the time. Let the attorneys handle this one. My only suggestion and hope is that you did a thorough walk through with photos or video prior to them moving in.I find that this type of system helps to alleviate some of this craziness that comes your way. Good for you on the umbrella policy. I have that too over all my own properties

User Stats

2,778
Posts
1,848
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Mike McCarthy
  • Investor
  • Philadelphia, PA
1,848
Votes |
2,778
Posts
Mike McCarthy
  • Investor
  • Philadelphia, PA
Replied Jun 11 2018, 17:35

Don’t worry about it. That’s why you have insurance.

It’ll take a long time. Months minimum.

Good luck. It’ll be all good.

User Stats

1,935
Posts
416
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Daria B.
  • Rental Property Investor
  • Gainesville, FL
416
Votes |
1,935
Posts
Daria B.
  • Rental Property Investor
  • Gainesville, FL
Replied Jan 14 2019, 11:03

@Christopher Gingras what was the outcome of your tenant suit?

User Stats

31
Posts
9
Votes
Christopher Gingras
  • Gainesville, FL
9
Votes |
31
Posts
Christopher Gingras
  • Gainesville, FL
Replied Jan 16 2019, 07:21

Surprisingly, we have not received any additional information.  We passed on the information and my sense is that the attorney discovered there was no merit to the lawsuit or the insurance company is negotiating behind the scenes.  As mentioned in the responses it was a frustration but it has really been handled entirely by the insurance company.

User Stats

530
Posts
486
Votes
Stanley Bronstein
  • Attorney, CPA, Broker & Author
  • Scottsdale, AZ
486
Votes |
530
Posts
Stanley Bronstein
  • Attorney, CPA, Broker & Author
  • Scottsdale, AZ
Replied Jan 16 2019, 07:55

@Christopher Gingras  I recommend you ask your insurance company to provide you with an update on the matter.