Florida Landlord being scamed

dongiddens · Oct 1, 2008, 01:50 PM

Received summons for 2 1/2 old accident that did not happen.

Everything is wrong on it.

They have got my address mixed up with the rental address where accident was supposed to have happened. My address is 2502, nextdoor, rental or accident location is 2520
nowhere on summons does it have accident address. Couple lived there for 6 months.
Couple told or summon says she was at my location 2502 for the purpose of renting
property, walked thru my location 2502 , walked out back door and fell thru steps
and damage happened.to her leg. They were renters next door at 2520 for 4 months before this supposed to have happened.

Does all this inacurate information matter?

dongiddens · Oct 3, 2008, 02:50 AM

Quote:

Originally Posted by JudyKayTee

Right, it does not matter - unless it's deliberate fraud that you can prove. You said you have proof it's all a scam - as I suggested, take that person to Court with you. It's not going to be a test of her memory - it's going to be a matter of proving if she was or was not injured, if you own/owned steps that were or were not defective.

Otherwise the wrong address is an error. You can always respond to the Summons with a denial of an accident at that address and use that as grounds for dismissal. They will then correct the address and sue you all over again.

She either fell through steps you own or she did not. My guess would be that she has photos and medical reports. You have to counter that with your photos and your witness and a statement of how she actually was injured, if not in a fall through on your stairs.

What does the condition of the steps indicate - that she fell or didn't, at either address?

And what does your insurance carrier say?

Ok
How about I tried to replace step but was tokd not to?

dongiddens · Oct 3, 2008, 06:01 AM

Quote:

Originally Posted by ScottGem

What about it? As Judy points out, the material facts are whether she was injured on your property and whether that injury occurred due to negligence on your part. The burden of proof is on her to show both of those things.

You need to get a lawyer to defend you in case the suit comes to trial. The lawyer will help you prepare a defense.

Ok thanks

No money, last one I talked to attorney he wanted 5,000 up front.

Only thing I have is my house and rental

dongiddens · Oct 3, 2008, 07:48 AM

Quote:

Originally Posted by JudyKayTee

I have explained this to you in great detail from years of experience - and I'll make one more try.

It's YOUR property. It's YOUR job to make sure it's safe. Your tenant CANNOT dictate to you how/why to keep your property in good condition. You seem to have a whole list of excuses about how/why this happened but I don't see you taking any responsibility.

If you KNEW the steps were a problem - back to the steps that are safe for someone who weighs 95 pounds - and did nothing, you were negligent. No question. I would personally keep this "defense" to myself as you are condemning yourself with your own statements.

Turn this over to your insurance company. If you don't have insurance, be prepared to defend the lawsuit yourself (which you will certainly lose) OR retain an Attorney.

Sorry if I'm being harsh but you are simply not understanding what I am saying.

Sorry not going to take any responsibility for something that did not happen.
I do not think u understand everything that happened hopefuly the judge will.
I am going to keepcalling to see if I can find one I can afford.
I understand if I do this myself I will loose. Looks like I do not have anything else I can do.
Yes i do not understand this.
I never said I knew steps were unsafe.
Before they moved in I agreed to put deck in front door
I gave him plans for one in Jan.
Never got back to me about what he wanted to do
so I bought new step and ask where he wanted it front or back door and he said
no do not replace back door put it in the front.
So I offered to replace step but he refused my offer.
then the alledged accident hapened.
Guess this does not matter either but seems like it should to me.

rockinmommy · Oct 3, 2008, 07:54 AM

Quote:

Originally Posted by dongiddens

Sorry not going to take any responsibility for something that did not happen.
I do not think u understand everything that happened hopefuly the judge will.
I am going to keepcalling to see if I can find one I can afford.
I understand if I do this myself I will loose. Looks like I do not have anything else I can do.
Yes i do not understand this.
I never said I knew steps were unsafe.
Before they moved in I agreed to put deck in front door
I gave him plans for one in Jan.
Never got back to me about what he wanted to do
so I bought new step and ask where he wanted it front or back door and he said
no do not replace back door put it in the front.
So I offered to replace step but he refused my offer.
then the alledged accident hapened.
Guess this does not matter either but seems like it should to me.

Who is "he" and "him"?

Do you own both 2520 & 2502?

Were these people YOUR tenants? Or the tenants of the owner of the neighboring property, and who owns it?

So you're maintaining that she did not get hurt at either property?

Who is your "witness" that they admitted this was a scam?

I'm more confused than ever.......................................

JudyKayTee · Oct 3, 2008, 07:54 AM

Quote:

Originally Posted by dongiddens

Sorry not going to take any responsibility for something that did not happen.
I do not think u understand everything that happened hopefuly the judge will.
I am going to keepcalling to see if I can find one I can afford.
I understand if I do this myself I will loose. Looks like I do not have anything else I can do.
Yes i do not understand this.
I never said I knew steps were unsafe.
Before they moved in I agreed to put deck in front door
I gave him plans for one in Jan.
Never got back to me about what he wanted to do
so I bought new step and ask where he wanted it front or back door and he said
no do not replace back door put it in the front.
So I offered to replace step but he refused my offer.
then the alledged accident hapened.
Guess this does not matter either but seems like it should to me.

Again, it is not your tenant's choice to pick out plans for decks. That is your job as the landlord. I think we're beating a dead horse here but as a landlord it is your responsiblity to KNOW that the steps were defective, particularly if the property is next door. And if they weren't defective, how did she fall through them?

I trust you will come back and let us know how this works out.

ScottGem · Oct 3, 2008, 07:55 AM

Ok, this makes it a little clearer. But the question is why did you offer to replace the steps? Was it bacause they were damaged or just because they requested it.

This is a key issue. If they just wanted a cosmetic improvement and you can show that you offered and they never followed up, that would help your case.

However, if yhey reported a hazard and you waited on them to fix it, then you would be liable.

If that can't prove the accident happened (medical records), then they will lose.

dongiddens · Oct 3, 2008, 08:47 AM

Quote:

Originally Posted by rockinmommy

Who is "he" and "him"?

Do you own both 2520 & 2502?

Were these people YOUR tenants? Or the tenants of the owner of the neighboring property, and who owns it?

So you're maintaining that she did not get hurt at either property?

Who is your "witness" that they admitted this was a scam?

I'm more confused than ever.......................................

Who is "he" and "him"? Girl that says she fell thru steps husband
Do you own both 2520 & 2502? Yes
Were these people YOUR tenants? Yes

So you're maintaining that she did not get hurt at either property? Yes
Who is your "witness" that they admitted this was a scam? Kid accross the street that I got to do some yard work about same age as renter all grew up here in neighborhood
so word get around.

We were talking one day about doing some work in the yard and about the renter there
and some how this step thing came up and I said those people tried to sue me yr ago
over some step and he said yea thats what he heard. I thought it was all over with so
I did not ask any questions



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