Check out some similar questions!

jreenan · Oct 3, 2011, 07:41 PM

We have a tenant in a 4-plex in CO that refused to pay a portion of the rent for an issue with the utility bill. They did not state what this particular issue was; just that they refused to pay a portion of the rent. We also found out from another tenant that they are smoking in the "non-smoking" apartment and this same tenant is on oxygen which is highly flammable. They vehemently deny smoking in their apartment with the oxygen, but it's a game of he-said/she-said with these tenants.

So, I posted a 3day notice to pay rent as well as a 30 day lease violation notice for smoking in the apartment today. I did this because I felt that they have been working us since the day they moved in 3 months ago. I don't trust them at all. Every day it is some complaint and we respond ASAP to all complaints and concerns. This apartment complex is in very good shape.

The tenant called me as soon as they found the 3 day notice and said they put the remainder of the rent in the box. But then he changed the subject and said that his wife fell down the stairs a few days ago at 9:30 because the hall lights between the upstairs and downstairs apartment weren't on. About 2 months ago, he had asked my husband to turn the automatic lights on earlier in the evening. My husband responded two months ago and set the lights to go on at 7:00 pm. The lights were tested and we know they go on at 7:00. I told the tenant that we know the lights go on at 7. He mentioned that he was taking his wife to the doctor tomorrow because her knee is swollen.

An hour later we called the tenant upstairs that she was supposedly visiting at the time to see if "anything happened" to the woman that weekend. It was highly suspicious that we didn't hear anything right away because these tenants call us all the time. That tenant said "oh yes, the woman fell at 9:00 when she left my apartment. The lights weren't on." Then she paused and said, "no I mean 7:00. Well sometime between 7 and 9". It was as if the hurt woman was in the apt with her prompting on the time. Regardless, we know the lights were on at 7:00. They are all lying. We've given 3 day notices for failure to pay rent to the tenant upstairs as well.

So, they will probably sue us because they've been working us since day 1 and yes we have liability insurance and I'll talk to an attorney tomorrow. My question is, can they win something like this or do most insurance companies just settle? They are completely lying about the lights and when she fell. And are we really liable for a person who falls down the stairs on their own accord. If they go to an attorney, an are lying about these items, would an attorney recommend that they sue and can we fight it... or just give in.

Fr_Chuck · Oct 3, 2011, 08:06 PM

Correct, give it to your attorney and let the insurance company handle it. This is a common scheme used to try and get free rent. You may want to consider monitoring of common areas. You may ask your attorney but they may want a independent electric person inspect the light to certify it is working properly

AK lawyer · Oct 3, 2011, 08:17 PM

Originally Posted by jreenan

... My question is, can they win something like this or do most insurance companies just settle? ...

In my experience, insurance companies do not settle just to settle. They only settle when it is uncertain whether the plaintiff will prevail, and a settlement would be a reasonable way to cut possible losses.

I wouldn't assume they are going to sue you until they actually do.

ScottGem · Oct 4, 2011, 03:46 AM

If they sue, you will need an expert to show that the lights were in working order. But they can't win a suit unless they can show negligence. In other words that you were aware of an unsafe condition and did nothing about it. A person walking on stairs is required to take reasonable precautions.

The only thing that bothers me about your situation is that the upstairs tenant may try to show that your termination notice to her is retaliatory because she is supporting the accident claim.

jreenan · Oct 4, 2011, 06:54 AM

I did not file a termination notice on the upstairs tenant this month. These were 3 day notices in the past for rent and they were paid.

JudyKayTee · Oct 4, 2011, 07:55 AM

I'm a liability investigator. I investigate "fall downs" all the time. In order to collect in NY you have to have notice that "something" was not working and you have to NOT correct it within a reasonable time frame. Presumably the tenant was aware the light was out and proceeded down the stairs "in an unsafe manner" (or else she would not have fallen). Would an Attorney take the case? Possibly.

Would the tenant win? Possibly.

Would an insurance company settle just to settle? Not in my experience, not with a fall down.

ScottGem · Oct 4, 2011, 11:38 AM

Originally Posted by jreenan

I did not file a termination notice on the upstairs tenant this month. These were 3 day notices in the past for rent and they were paid.

You stated; "We've given 3 day notices for failure to pay rent to the tenant upstairs as well."

A 3 day pay or quit notice IS a termination notice.