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All Forum Posts by: Mark Heidenberg

Mark Heidenberg has started 1 posts and replied 6 times.

Quote from @Account Closed:
Quote from @Mark Heidenberg:

Hi everyone! I’m being sued by a tenant that left the property several months ago. Tenant claims he got hurt on the property. My main question is, should I get a lawyer myself or should I contact my insurance and have them deal with it? My concern with option 2 is that they will raise my insurance or even drop me, and Florida is not easy to get good insurance these days.


Thanks for the help!

Have they filed a "complaint" (lawsuit), yet? Does it have a docket number? Or, are they just threatening to sue?

There is nothing to do until there is a docket number. Then you have to respond, usually within 21 days, but it depends on the jurisdiction and circumstances. In the paperwork it will state what the complaint is. They will throw in everything including that you insulted them and your feet smell. Totally unrelated things, hoping something sticks.

They have to prove it in court, which is not easy to do. Your attorney will ask them “if you got hurt, why did you wait so long”. The judge will look at them with an evil eye when they lie to the court. That much will cost them probably $25,000 in legal fees in a simple case. The case will take them about one and a half years and they will get tired of it. They will want to settle. But, you don't want to settle because it's all a scam anyway, unless they were truly hurt and if they were truly hurt, you would have heard from them in days, not months.

If they did file and there is a docket number, let us know. Then, there is other advice. It's still probably a scam based on what you've written.

Yes, I have been served already. And it definitely didn’t happen, not only this is the first we are hearing about this, but there a numerous text message from tenant to my property manager before and after the alleged date of the incident, and it is never mentioned.
Quote from @Account Closed:
Quote from @Mark Heidenberg:

Hi everyone! I’m being sued by a tenant that left the property several months ago. Tenant claims he got hurt on the property. My main question is, should I get a lawyer myself or should I contact my insurance and have them deal with it? My concern with option 2 is that they will raise my insurance or even drop me, and Florida is not easy to get good insurance these days.


Thanks for the help!

Have they filed a "complaint" (lawsuit), yet? Does it have a docket number? Or, are they just threatening to sue?

There is nothing to do until there is a docket number. Then you have to respond, usually within 21 days, but it depends on the jurisdiction and circumstances. In the paperwork it will state what the complaint is. They will throw in everything including that you insulted them and your feet smell. Totally unrelated things, hoping something sticks.

They have to prove it in court, which is not easy to do. Your attorney will ask them “if you got hurt, why did you wait so long”. The judge will look at them with an evil eye when they lie to the court. That much will cost them probably $25,000 in legal fees in a simple case. The case will take them about one and a half years and they will get tired of it. They will want to settle. But, you don't want to settle because it's all a scam anyway, unless they were truly hurt and if they were truly hurt, you would have heard from them in days, not months.

If they did file and there is a docket number, let us know. Then, there is other advice. It's still probably a scam based on what you've written.

Yes, I have been served already. And it definitely didn’t happen, not only this is the first we are hearing about this, but there a numerous text message from tenant to my property manager before and after the alleged date of the incident, and it is never mentioned.

Quote from @Chris Seveney:

@Mark Heidenberg

When you send to them, ask them if they will handle the suit or do you need your own representation?

It may be worthwhile to get an attorney for you to also follow along and explain to you what is going on.

What state is this in?

That’s a good point, I’ll be sure to ask that.

This is in South Florida.

Thanks again for all the advice. Yes, I’ve been served already. I will definitely reach out to my insurance broker and discuss next steps. Thanks again!

Thank you for your advice. Yes, the general liability amount on my policy covers the amount I’m being sued for.

I guess my next step will be to contact my insurance broker and ask what the next step should be.


Hi everyone! I’m being sued by a tenant that left the property several months ago. Tenant claims he got hurt on the property. My main question is, should I get a lawyer myself or should I contact my insurance and have them deal with it? My concern with option 2 is that they will raise my insurance or even drop me, and Florida is not easy to get good insurance these days.


Thanks for the help!