Being sued by tenants for mold in rental house, advice?

[A790]

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If at some point it looks like he isn't going to win, he will drop it and walk.

Banerjee style.

[Gestalt]

I suggested earlier, I would just let insurance take care of it.

I wonder if the letter was dated during the lawyers suspension?

I guess you could just write a polite letter back, I would not "reveal" any specifics, dates, times without consulting a lawyer, but you can maybe point out in the lease anything that supports your side, like you are not a baby sitter, and that you took all reasonable steps to mitigate the situation and have complete records and receipts., (keep it very open and general) and that if they pursue this, you will be seeking legal council and potentially counter sue.

[googe]

On the other hand, if you do reveal all specifics, the lawyer might just take one look at it and be like "Yeah ok this landlord did his homework, I'm out of here before I waste any time"

Then again if you do both, and he gets a letter from a lawyer with all of that info, it'll be even more discouraging? Not sure if the cost is worth it though and the former is good enough.

Or, find a reason to throw a countersuit threat in there, even if you don't think you can win, but that you can create doubt over. That will also change the risk equation for their ghetto ambulance chaser wannabe lawyer.

[gwill]

you don't understand how small claims works. You'll get all the evidence before your pre trial mediation that happens. After a dispute note gets filed i believe all documents must be sent to the other parties.

And no lawyer will work on contingency.

[googe]

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And no lawyer will work on contingency.

Haha, ok sure thing!

Couldn't have made a more uninformed comment. Lawyers basically invented working on contingency and there are whole industries built around that. All lawyers on TV ads are working on contingency. They prefer it if they can get the business, because that's how they make real money. No lawyer gets rich by billing hourly. He can either bill a few hours for a demand letter, or pocket 1/3rd of any settlement/judgment.

Also, not talking about small claims. If he got a demand letter from a lawyer, threatening a "significantly greater amount", it doesn't seem like the intent is small claims. But it's not totally clear. Regardless, it's irrelevant, because the goal for both parties is to settle pre-trial.

[botox]

Tell them to shove it and you are looking forward in collecting in your counter claim in court. If you get served then go with your counter suit, for now I would just gather and organize any evidence you have to prepare for a counter. I don't think talked to any lawyer at this point is necessary. Any sleezy lawyer will draft up a letter for you for a price so just wait and see what happens. Chances are it'll blow over like a nasty fart.

If you do go with a lawyer they can talk to each other and you may be able to end this before it goes to court but you will have a lawyer bill. We did this and the lawyers agreed it was a waste of time and ended it before it could go any further because we had the upper hand and at the end of the day, the only people that win are the lawyers........

[chkolny541]

Wanted to chime in and say OP you really dont need to stress over this, relax and let insurance deal with it. Lots of scammy people out there trying to take advantage of any situation and get rich quick. Let insurance obtain counsel and sit back.

[gwill]

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Haha, ok sure thing!

Couldn't have made a more uninformed comment. Lawyers basically invented working on contingency and there are whole industries built around that. All lawyers on TV ads are working on contingency. They prefer it if they can get the business, because that's how they make real money. No lawyer gets rich by billing hourly. He can either bill a few hours for a demand letter, or pocket 1/3rd of any settlement/judgment.

Also, not talking about small claims. If he got a demand letter from a lawyer, threatening a "significantly greater amount", it doesn't seem like the intent is small claims. But it's not totally clear. Regardless, it's irrelevant, because the goal for both parties is to settle pre-trial.

Accident lawyers take contingency as their guaranteed but that's it. No lawyer will take a law suit on contingency as there are few guarantees.

I had to sue in small claims on a real estate issue that no lawyer would take. I called 40+ officers and offered to pay every lawyer i called and no one would take the case as it was a measly 25k lawsuit and wasnt worth their time.. If you think contingency cases are done pro bono for some greasy shake down with little hope of winning you are sadly mistaken.

But hey you seem to know better then the rest of us. Where was this industry full of pro bono free lawyers when i needed one???

[cidley69]

Just had a disheartening conversation with my insurance company.....there position is that if the particular issue that led the lawsuit is not covered by insurance, then the liability insurance is also not covered. As the mold issue was not covered (due to not being caused by a sudden, accidental release of water, was caused by a slow continuous issue that led to mold) any liability associated with mold is also not covered. FUCK! No insurance lawyer to help with this.

Maybe I'd be better off to engage them and settle before they sue for "significantly greater amount"?

Anyone recommend a lawyer?

[blitz]

Don't settle, this seems like a greasy shakedown from a sketchy lawyer.

[spikerS]

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Don't settle, this seems like a greasy shakedown from a sketchy lawyer.

+1

I would not be looking to settle anything at this point. I know it is stressful, but, the burden of proof is on them. I wouldn't budge an inch, and I would advise them of your address and times you are available to be served the court documents and take it from there.

[A790]

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Just had a disheartening conversation with my insurance company.....there position is that if the particular issue that led the lawsuit is not covered by insurance, then the liability insurance is also not covered. As the mold issue was not covered (due to not being caused by a sudden, accidental release of water, was caused by a slow continuous issue that led to mold) any liability associated with mold is also not covered. FUCK! No insurance lawyer to help with this.

Maybe I'd be better off to engage them and settle before they sue for "significantly greater amount"?

Anyone recommend a lawyer?

Don't say a word to them until you talk to a lawyer first.

[revelations]

If these were MODEL tenants who didnt drink or smoke ... and suddenly became ill because of mold, then I could see them having a case. These pigs living in their filth wont get any respect from small claims (if it ever goes that far) once you produce the photos of the place - post move out. These pigs also are probably broke, or very near being broke, and wont risk maxing out their CCs for a case they may not see results from for years.

ALso. 4 months is far too long. I would have been there probably that week to check the issue out first hand. Trusting the common renter to do anything is very poor judgement.

Jan 20, 2017 - tenants texted to report dryer vent leaking, lint blowing out of it and high humidity in dryer area, he was afraid humidity might cause mold; mentioned his dad was going to come fix it with him
- told him to save any receipts for parts and deduct it from rent payment
Apr 12, 2017 - visited house to assess extent of mold issue, mold appeared to be localized to 6" area along baseboard, on wall opposite bathroom; further exploration led to entire laminate floor of room being removed, fingers of mold in joints of baseboard, portion of wall (drywall and studs/plate)also had mold and were removed. All visible signs of mold removed.

[cidley69]

Would either waiver of indemnity or force majeure clause from lease agreement apply to this situation?

[zhao]

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Don't settle, this seems like a greasy shakedown from a sketchy lawyer.

+2.

like I said earlier call the law society of alberta, ask to be referred to a lawyer that deals with this crap. The lawyer they refer you to should give a 30 minute free consult, and you should understand where you stand far better after that then dragging this thread out for the next 6 months.

Do not settle until you at least do that.

I dont think anyone in this thread is a lawyer, so our info isn't exactly worth a lot, but I dont see how they have much of a case unless you make it for them. I mean, their whole argument from one angle is you were negligent in contracting them to fix the mold issue that they then fucked up fixing properly and yet still charged you for, and because they didn't fix it they are suing you for them living in shitty conditions? 25k is a lot to pay out, but a lawyer is also going to cost a fortune. In-order for them to actually sue you, they'll still be out filing costs even if the sleazy lawyer wants to deal with it.

Settling with them when they're trying to scam you makes asshats like this think they can take advantage of other landlords like myself, or i assume most others in this thread.

[b_t]

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No lawyer gets rich by billing hourly.

.....what?

[JRSC00LUDE]

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.....what?

Some definitely work on contingency but this part did make me laugh a bit. I know mine does pretty fucking good by what I pay her hourly hahaha

[Rocket1k78]

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+2.

like I said earlier call the law society of alberta, ask to be referred to a lawyer that deals with this crap. The lawyer they refer you to should give a 30 minute free consult, and you should understand where you stand far better after that then dragging this thread out for the next 6 months.

Do not settle until you at least do that.

I dont think anyone in this thread is a lawyer, so our info isn't exactly worth a lot, but I dont see how they have much of a case unless you make it for them. I mean, their whole argument from one angle is you were negligent in contracting them to fix the mold issue that they then fucked up fixing properly and yet still charged you for, and because they didn't fix it they are suing you for them living in shitty conditions? 25k is a lot to pay out, but a lawyer is also going to cost a fortune. In-order for them to actually sue you, they'll still be out filing costs even if the sleazy lawyer wants to deal with it.

Settling with them when they're trying to scam you makes asshats like this think they can take advantage of other landlords like myself, or i assume most others in this thread.

Agreed, you need to stop posting and talk to a lawyer asap. You have to keep in mind the court systems favor heavily toward the tenants so you need some professional advice on this. DO NOT SETTLE UNLESS YOUR LAWYER SAYS SO

[cidley69]

I'm seeking a lawyer now. I've tried AB Law Society, steady busy signal for hours. Will call a few from google next.

Was hoping one of the many landlords on here would have a lawyer they'd recommend.......

[revelations]

If the threatening BS letter wasn't even sent via registered mail, I wouldn't even bother talking to a lawyer until an actual subpoena was served. Youre just wasting your time at this point for something that will likely amount to n

Hell, there is nothing to prove that you actually GOT the letter and didn't just throw it out with the recycling by accident.