Tenant Filed Lawsuit Complaint For Damages

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Tenant Filed Lawsuit Complaint For Damages

Norman Lai
Alhambra, CA · Member since 2016 · 9 posts · 6 votes

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

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Marcia Maynard
Investor · Vancouver, WA · Member since 2013 · 3k+ posts · 4k+ votes
7y

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!

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  • Marcia Maynard
    Investor · Vancouver, WA · Member since 2013 · 3k+ posts · 4k+ votes
    7y

    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!

    7Reply
  • CJ Hamlin
    Developer · FL · Member since 2018 · 26 posts · 16 votes
    7y

    100% - connect with a solid attorney and have them do all of the follow-up.

    So, the tenant asked you why his daughter wasn't allowed to ride a bicycle inside the apartment (riding through the interior of the home)? That is wild! 

    1Reply
  • John UnderwoodPro Member
    Investor · Greer, SC · Member since 2014 · 13k+ posts · 17k+ votes
    7y

    @Norman Lai I would get a copy of the suit from the clerk of court. You maybe able to get it online or you might have to go in person and request a copy.

    It is best to know the specifics of the allegations. You can then make a determination if you should hire an attorney. You can counter-sue for your legal costs and evict the guy once he looses his case.

    1Reply
  • Dennis M.
    Rental Property Investor · Erie, PA · Member since 2018 · 6k+ posts · 9k+ votes
    7y

    Discontinue any and all correspondence with the tenant . Get a RE attorney and use them exclusively to communicate back and fourth to this person . Your in Cali so tread lightly and be professional

    2Reply
  • Sam Shueh
    Real Estate Agent · Cupertino, CA · Member since 2016 · 4k+ posts · 1k+ votes
    7y

    Time to get a good lawyer specialized in housing. Sorry to hear that.

    Sam Shueh

    1Reply
  • Thomas S.
    Member since 2016 · 13k+ posts · 12k+ votes
    7y

    I would advise you not to proceed with the notice regarding the non payment of rent increase unless the rent increase notice was sent before you received the notice of suite and the increase is effective the 1st of February. If the rent increase was effective for Jan 1st or earlier and you did not give notice at that time your actions now will be viewed as retribution.

    As soon as his lease ends give him notice to non renew. If he is on M2M give notice immediatly.

    2Reply
  • Bryan ZuetelPro Member
    Attorney · Orange County, CA · Member since 2017 · 242 posts · 99 votes
    7y

    @Norman Lai, you need to hire a real estate attorney immediately, since you have been served with the lawsuit and the clock is ticking against you.  Do not do anything at this point, such as giving a 3 day notice, as such could be viewed as retaliatory eviction.

    I am a real estate attorney in Southern California and am happy to have a complimentary consultation with you.  I might recommend that you tender this matter to your insurance carrier for defense and indemnity but won't know whether to recommend that until we speak further.

    1Reply
  • Jack Lauer
    CA · Member since 2019 · 7 posts · 4 votes
    7y

    Any follow up to this case?

    2Reply
  • Norman Lai
    OP
    Alhambra, CA · Member since 2016 · 9 posts · 6 votes
    7y

    Hi Everyone, 

    Sorry  I have been MIA with this case. I actually spoke with my attorney and he advised me to contact my insurance company to take care of it. This actually put me at ease because they said they would take care of everything and that I wouldn't need to do anything but provide documentation. The case is still ongoing as of 2 weeks ago and I have sent all documentation to the insurance company. Hope it gets resolved soon! I will update when its all settled.

    Thank you all for your advice! It is very helpful.

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