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Replies (9)
- Randy Hooker, "GoingForIt"
- Contributions:395
You got it right from the beginning. Consult with an attorney, and do so immediately. If you're going to be an investor/landlord, then you have to be prepared for such eventualities.
what kind of damages did the tenant do?
- Jason Webb, "jasonwebb"
- Contributions:65
Andrew Hull and his office specializes in working with landlords. I have used his services for evictions in the past. http://doctorevictor.com/
You could always represent yourself in court, but it is probably not recommended. I have done evictions myself for non-payment of rent which are pretty straight forward if you follow all the required steps. However, I personally would use an attorney for anything more complicate like this situation.
No idea what all the insurance company will do. They will most likely start with an adjuster to evaluate the damages. The adjuster will try and gather as much information from you as possible. Therefore, talk to an attorney immediately for advice before you call your insurance company.
Best of luck!
You could always represent yourself in court, but it is probably not recommended. I have done evictions myself for non-payment of rent which are pretty straight forward if you follow all the required steps. However, I personally would use an attorney for anything more complicate like this situation.
No idea what all the insurance company will do. They will most likely start with an adjuster to evaluate the damages. The adjuster will try and gather as much information from you as possible. Therefore, talk to an attorney immediately for advice before you call your insurance company.
Best of luck!
- thuypn
- Contributions:14
Thank you for all your good advice. The tenant poked many holes in the wall. All bedroom doors had big holes. Closet doors were either taken or smashing the mirror. They took washer & dryer, damaged some plumbing, destroy garage door. They peed on carpet and it looked very dirty even though I replaced it last Oct. I wasn't at the premise but my sister said it was a total disaster. I will consult with Andrew Hull office for his guidance. Thanks again to all for your input.
- Nathan Perz, "NathanPerz"
- Contributions:61
If you're talking about the criminal complaint, then having a lawyer is irrelevant; you're a witness and not a party to the case. The State takes the ball and runs with it. You're just told when to appear to testify (assuming it ever gets to that point).
If you're thinking about pursuing a civil action, then you can either file in small claims court (where one does not normally have a lawyer) or in "regular" court, in which case you would probably want to retain an attorney.
As far as what you should do: I would pursue them civilly and criminally and nail them to the wall...
If you're thinking about pursuing a civil action, then you can either file in small claims court (where one does not normally have a lawyer) or in "regular" court, in which case you would probably want to retain an attorney.
As far as what you should do: I would pursue them civilly and criminally and nail them to the wall...
- thuypn
- Contributions:14
I contacted the lawyer and it costs me $300/hr with $1500 retainer. I know it would cost me not less than $3000 if I want to pursuit. I am in a dilemma of not knowing what to do. If my insurance pay for the claim, will they go after my tenant? How soon will they send me the check? If hiring a lawyer, I'll be responsible for the bill which might cost the same as what I got reimburse for. I then will end up with paying out of my pocket for fixing the damages. What would be your advice?
Thank you all very much for your time and input.
Thank you all very much for your time and input.
- Call The Sisters, "Call The Sisters"
- Contributions:373
I'm sorry you are having such a problem. Hiring an attorney might be a solution but it is costly. The next question is - even if you hire the attorney and prevail in court - will the tenant have the funds to reimburse you?
If the police file against the tenant for a criminal act such as vandalism - I'm not sure that you need an attorney. Check with the Attorney Generals office in your state. I think the state brings the charges not you. I'm not an attorney so I can't give you legal advice, but the Attorney General can tell you what the procedure is.
It is hard to estimate how long it will take an insurance company to pay a claim or even if they will.
The other side to consider - if the insurance company pays your claim your rates will more than likely go up or they will drop your coverage.
If the police file against the tenant for a criminal act such as vandalism - I'm not sure that you need an attorney. Check with the Attorney Generals office in your state. I think the state brings the charges not you. I'm not an attorney so I can't give you legal advice, but the Attorney General can tell you what the procedure is.
It is hard to estimate how long it will take an insurance company to pay a claim or even if they will.
The other side to consider - if the insurance company pays your claim your rates will more than likely go up or they will drop your coverage.
- thuypn
- Contributions:14
I am sure my tenant does not have the money to pay. She was always struggle with financial. I'm glad you tell me the charge would be from the state, not me, but I am willing to fly there to testify. According to the police, I have a very strong case against the tenant. I just want these criminals to know that they cannot walk away by causing harm to others. I will not need an attorney then. Thank you so much for this social network.
- James Hansen, "james_hansen"
- Contributions:1
I would talk to your insurance agent. Depending on the policy that you have you may be able to file a claim, pay your deductible and save a lot of headache.
-James
[hotlink removed by Zillow moderator]
-James
[hotlink removed by Zillow moderator]
Lawyer for landlord?
1. Do I need an attorney to represent me in court for this case? If I do, does anyone know of a good one so I can get some consultation first? I live out of AZ state and have no idea how to look for one. Google is easy to find one but I don't know what I get. So I would really appreciate your honest recommendation.
2. Will the insurance co. do their own investigation?
3. What should I do in this case? Proceed with the police's recommendation?
If anyone ever had experience about this, please share with me.
Thanks a lot.
thuypn
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