Help!!Tenant proposing law suit...need advice

Help!!Tenant proposing law suit...need advice

Real Estate Investor · Jacksonville, FL · Member since 2008 · 3 posts · 0 votes

Hi all, been a lurker for a long time and finally need some real advice about a previous tenant. Story as follows:

I had a tenant who was constantly late on rent who I filed eviction notices for on more than a few occasions. he always came through at the very last minute. This happened several times. Last year around January he quit taking my calls and then subsequently had his cell phone shut off. he was never there when I went by and was even told he went out the back door to avoid me. I went through proper proceedings and had him evicted. We changed the locks and put up a sherriffs notice. We then put all of his belongings on the curb. We took all of his furniture, electronics, paintings and other such things worth value and loaded them into a truck. The guys I had hired to clean out the apartment then took these items to 'who knows where'.

Said tenant has now sent me an informal letter stating that he has gotten back on his feet after a divorce and now has the means to properly and legally sue me for improper eviction proceedings and theft of his personal property. he states he has spoken to several neighbors who will attest to the fact that his property was loaded into a truck and stolen. he also states that he documented with witnesses several calls he made to me asking where his things were and if there were any storage fees involved. I never returned his calls. I simply thought this mess was over. he has valued his furniture at over 5000.00 dollars and even provided photocopied statements of the monthly bill of financed couch and loveseat. he has estimated his loss at roughly 10000.00 and states he is currently in the process of finding an attorney.

How can I protect myself from this deadbeat? I bent over backwards trying to work with him and in the end he simply did not comply. I did what I thought the law stipulated. Is he in any way holding a good hand here or can I simply dismiss this letter as a threat?

Any advice would be greatly appreciated

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  • Loveland, CO · Member since 2008 · 1k+ posts · 123 votes
    18y

    WOW! When I read the title of this thread I thought; "tell the tenant to pound sand!" Then I read WHAT YOU DID.

    Is there possibly ANY part of landlord tenant law that you did NOT VIOLATE. There are laws on the books to protect people's rights from just the kind of predatory practices that you committed.

    Regardless of the (to you) sneaky and abusive nature of this tenant you must follow the law. BTW, NO ONE is required to take your phone calls or answer your knock at the door, even deadbeats.

    Were I you I might contact an attorney, have the attorney draft a "hold harmless" agreement, specifying a dollar amount (make many copies, each subsequent one increasing in $300 increments over the last and try to get him to settle for as little CASH as possible.

    Learn the landlord tenant laws in your state/city. I'm pretty sure it's fairly cheap and quick to do it the LEGAL way.

    all cash

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  • Real Estate Investor · OH · Member since 2008 · 4k+ posts · 1k+ votes
    18y

    Kringe,

    Unlike All Cash, I'm not sure yet that you have violated any part of the tenant-landlord law. You said you legally evicted the tenant. Did you have a writ for the setout? Did a sheriff or bailiff declare that the remaining possessions were junk and could be taken to the dump or set on the curb? In other words, did you follow the law for the setout? Taking someone to court and being awarded possession is only half of the process. Then you must follow the law in your state for taking possession and dealing with the tenant's stuff. If their stuff is worth something significant, it will normally need to be stored somewhere for some period of time. I think this is what All Cash is alluding to.

    Hopefully, you have a detailed list of damages that you incurred as the result of this deadbeat tenant. Lost rent, upaid utilities, damage to the property, cleaning the carpet, etc, etc, etc. These damages could offset any claim the deadbeat has. My policy is to NOT settle claims. I fight them all and fight them aggressively. You don't even have a letter from the deadbeat's lawyer yet. Deadbeats threaten lawsuits all the time. Very few every progress. If you're going to fight this deadbeat, I wouldn't talk to him anymore. If you get a letter from a lawyer, take it to your lawyer and have him/her write a letter telling the other lawyer that you are owed damages and will fight their claim. That will often stop the lawsuit in its tracks.

    Good Luck,

    Mike

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  • Real Estate Investor · Jacksonville, FL · Member since 2008 · 3 posts · 0 votes
    18y

    at this point I guess I am starting to get a little scared. We didn't have a sherriff on hand and clearly the only things we actually left on the curb were things that only the tenant would value such as his clothing and personal items. he actually showed up an hour after we left and gathered all of the bags from out front. he actually called right then asking about his belongings and storage fees if I held them and such. I returned his message by telling him I had left some things in the mailbox( a ring and some keys) and that I had left his cable boxes in the trash can for him to pick up and return to the cable company. He did go by and grab these things. I don't really have an attorney right now, but I am definately on the way to getting one. Do I seek out a real estate attorney or some other type?
    This property was an inheritance and has now been handed over to a management company.I believe they'll be able to protect us from this type of thing in the future...guess I should have done my research or consulted an attorney right from the get go...

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  • Rental Property Investor · Mercer Island, WA · Member since 2008 · 22k+ posts · 14k+ votes
    18y

    Did the eviction proceedings actual go to court? Did you have a judgment (or whatever its called) that allowed you to move him out? I assume you did, but that last response makes me wonder.

    Sounds like you let you helper get away with "furniture, electronics, paintings and other such things worth value". I think the tenant has a valid claim against you for these items. Since he came around pretty quickly, he would have been able to claim them if they were still there.

    You say you don't have a lawyer. Better be getting one.

    Jon

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  • Real Estate Investor · Jacksonville, FL · Member since 2008 · 3 posts · 0 votes
    18y

    but can this possibly still be an issue even though this all took place in March of last year?

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  • Rental Property Investor · Mercer Island, WA · Member since 2008 · 22k+ posts · 14k+ votes
    18y

    Yes.

    Jon

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  • Loveland, CO · Member since 2008 · 1k+ posts · 123 votes
    18y

    Well, this is what I get for reading stuff early in the morning and in a hurry! I totally missed the following part of your original post;

    I originally thought you had just done "constructive eviction" by changing the locks. But you did the eviction part correctly, you just didn't "protect and conserve his possessions".

    You will owe him something probably.

    all cash

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  • Asheville, NC · Member since 2008 · 107 posts · 10 votes
    18y

    Kringe-

    It will not help you now, but for the future buy the book "Every Landlord's Legal Guide" (see link below). If you had read that you could have avoided this.
    Good luck to you.
    d

    http://www.amazon.com/Every-Landlords-Legal-Guide-CD-Rom/dp/1413304141/ref=sr_1_2?ie=UTF8&s=books&qid=1200538478&sr=1-2

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  • Honolulu, HI · Member since 2008 · 3k+ posts · 2k+ votes
    18y

    As always, the answer totally depends on Local Law!

    Not too many years ago, the LAW in Omaha was (after the proper court papers and proceedings) when it was time to set them out, the landlord set the stuff at the curb--there was no requirement to protect the belongings at that point, the tenant had AMPLE opportunity to remove their precious antiquities. The Local Law has since changed, and the last evictiion I did there, the sheriff hired the movers, loaded the stuff, and took it to storage, where it was later sold after further notices, at additional cost to the landlord, and charged to the tenant. Presumably never collected.

    Currently, in Honolulu, when the eviction has FINALLY run it's course, and it's time to take possession, the sheriff walks in, looks around, declares it "junk", and the landlord changes the locks and disposes of the junk however he sees fit. If there IS value over $250, then we have to store it, advertise it, and THEN sell or dispose of it. The sheriff has pretty broad discretion on what he declares...and to my knowledge, his word is final.

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