Litigious Tenant

[Christian Lincoln]

A kid moved into my 6 bedroom house. After he moved in he tells me he has asthma and the other kids smoke in the house. I write a tough email to other tenants defending this kid and telling them no smoking AT ALL in house. It's in the lease. After another complaint from kid and another Threat of Eviction letter to my tenants, by all accounts, except for new kid, I'm told they stopped smoking in house.

Kid leaves abruptly and I reluctantly let  him after 3 or 4 months even though I lose a couple months rent.  

Now the mother wants all her money back, rental money included and is threatening to sue via her attorney.  Sue me for what I'm not sure. Her attorney says I put the kid at risk and broke laws by letting kids smoke.  Her Attorney also requesting I pay his bill, already in second correspondence. Granted the address of parent and lawyer is affluent Westchester NY town, but still, I went to the defense of her son 2 or 3 times and then she wants to sue me for second hand smoke or particulates in the air after they stopped smoking.  What would you do?

[Account Closed]

@Christian Lincoln I worked for attorneys many moons ago, and they would advise people to just not respond.

She's paying her lawyer by the hour and he's letting her.

As far as a case, you did not knowingly put an asthmatic kid into a smoke-filled room.  You did, however, on the kid's word alone, try to protect him from smoke.

Plus, does his mother even have standing to sue you?  Was she on the contract?  How did she suffer damages/monetary losses by your renting a smoky house to her son?  If she was that worried about her son's health, why did she wait 9 months to get him to come back home?

And what monetary loss did the son incur?

You've already mitigated damages by eating several months rent in trying to "settle" this matter.

If I responded at all, it might go like this:

Dear Overpaid Attorney:

Please be aware that I consider this matter settled by the fact that I have already mitigated damages in this situation by allowing the son to break the lease early.  The son is in breach of contract, and I am entitled to a full year's worth of rent.  I allowed the son to move out early in an attempt to settle the matter.  The lost rent from my attempt to settle this matter cost me $__________ in 3 or 4 month's lost rent.

I do not believe the mother in this situation has any standing to sue.  However, should she decide to attempt do so, I'm sure the question of why she allowed her asthmatic son to remain in an environment for 9 months, that she now claims to have been a dangerous environment for her son during that entire time, will be asked by the court.  

And of course, the court will want to know what monetary damages she or her son personally incurred by her son living in my unit for 9 months, despite my allowing them to break their lease and leave owing me $_____________ in unpaid rent.

The court, will also be made aware that not only was I unaware that the son was severely asthmatic, or that there was any supposed smoking going on in my rental, but that despite these facts, when the son advised me that there was smoke in the unit, on his word alone, I addressed the matter of supposed smoking in the rental with a swift and firm hand.

And of course, you can explain to the judge why you are filing this type of frivolous case in his/her court.

Please inform your client that should she pursue a court case, I will counter-sue for breach of contract, for all rent due on it, for filing a frivolous lawsuit, and anything else my attorney finds appropriate, and I will be asking the court to have her pay my attorney fees as well.

Any further communication I receive from you will be forwarded to an attorney.

Most Sincerely,

You

Yep, I'd probably send this letter :-)