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Updated over 5 years ago, 07/23/2019
Tenant Filed Lawsuit Complaint For Damages
Hey everyone,
So I got hit with a Lawsuit Summons recently for Complaint For Damages:
1. breach of warranty of habitability
2. breach of covenant of quiet enjoyment
3. negligence
4. breach of contract
So I don't even know why this tenant gave me this. When he would ask to have things fixed and repaired, I sent my technician out to do the repairs that were needed. Even went as far as replacing their carpet floors to all tile so it was like a brand new unit. I have the invoice of all the repairs and bug treatments that I did for him. He has not contacted me in a couple of months regarding any issues until a couple weeks back asking why his daughter couldnt ride her new bicycle in the property.
I stated that for the "quiet enjoyment" for other tenants (32 unit apartment) and safety for them as well. His daughter would be able to rider her bicycle outside of the property if she liked. Other than that, I haven't had any other communication.
I also increased his rent but he refused to pay the increased amount and also refused to pay in money order when I told him he would need to because one of his checks bounced ( I will have to find that notice from bank). I already received the summons. Am I allowed to now give him a 3 day notice from the rent increase date with the ledger and balance amount he owes?
I am currently looking for an attorney to help me with this response as well.
Thanks!
PS. I am in southern California