Tenant Filed Lawsuit Complaint For Damages

[Norman Lai]

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

[Marcia Maynard]

So sorry this is happening.

Once you're contacted by a tenant's attorney, respond only with the guidance of your attorney.  Your people will talk to his people. Avoid making matters worse. Know your landlord-tenant law better than your tenant and document everything.  Understand habitability standards and make sure all of your units are habitable. Review your rental agreement, property rules and all signed agreements. Document-Document-Document.  Can't emphasize enough about documentation. Create a timeline and documentation of all communications you've had with this tenant. You need to demonstrate good faith and adherence to the law.

I used to work in the patient relations and risk management department of a large hospital and medical center. When faced with a verbal threat of "I'm going to call my lawyer!"  We would calmly respond, "Do what you feel you need to do."  Most times it wouldn't amount to anything. We would focus on what we could do to provide good services and good products. We knew we couldn't please all the people all the time. Same with the residential rental industry. What we offer as a housing service and product isn't a good match for everyone.

Remain calm and carry on. Good luck!