Hi. Well let me start. I had a business for a few months and then I decided to offer it to my sister, I contacted the landlord that my sister wanted to take over the lease and the Landlord with out not even asking me for my sister's name, credit score info, etc, etc. She just simply said no. A that time I was behind rent for 3 Months So before I ended up more behind on rent I told my sister that I will turn the keys to her and she can change the name etc, etc. So, I closed it down and my sister re-opened it. Got her own Business License, Tax ID # Different Business Name etc, etc. So My sister was paying me the rent money and I was paying the landlord. Kind of a Sublease but the sublease was never in writing and forwarded to the property owner for his approval. So I did a Sublease under the table and Me and my sister signed a peace of paper as a contract that she will be taking over the Lease even knowing was not approved by Landlord. Everything was fine then the Landlord and My sister got hit with an ADA Lawsuit around March/April. She told me about the whole situacion and she hired a lawyer and I myself asked my sister's lawyer that My name is on the Lease and not my sister BUT my sister is running her own business. So in this Summons my sister's and the Landlord's name are as the Defendants on this case. So I asked my sisters attorneys " Am I a defendant also"? He said no because my name is not on the summons.
So at this point 3 Attorney's are involved. The Landlord's Attorney, My Sister's Attorney and of course The Plaintiff's Attorney. The Landlord's Insurance Company hire the attorney for her meaning the insurance company is paying for it. In the mean while the insurance my sister had said that they don't cover ADA Lawsuits. Therefore my sister will have to put money out of her pocket to pay for Attorney fees. So Negotiations started 5 Months passed then 6 Months. By this time my sister already spent around $3,000.00 in Attorney's fees and she said to her Attorney "why I keep getting billed every month from you" Her attorney said that the Landlord's attorney was streching and buying time therefore my sisters attorney was involved in more phone calls and such and such thats why she was getting billed over and over.
But nothing was resolved until my sister told the attorney that she didnt have that much money left so she suggested just to go ahead and settle with the plaintiff and let the Landlord settle on his own. So plaintiff asked for around $11,000.00 Because his civil rights were violated etc, etc. So my sister said "no way! I don't have that money" So next couple of weeks she just trew the keys at me and took off. Now she owes her attorney money and of course the plaintiff is going after her...BUT since she just dissapeared there is no way to find her she just puffed away. Now my sister's attorney just sent me an email saying that I will be added to the case as deffendant because I am named on the Lease of such property.
The business has been closed since she took off (almost a month ago) and now im worried because this attorney when at the very start of this whole thing he told me that I had nothing to worry about because my name was not on that Summons/Lawsuit/case. NOW this same lawyer is saying that the plaintiffs attorney will add me as a defendant.
My break down to this whole thing is that since the Landlord is just playing around and since her Insurance is paying for her attorney and my sister dissapeared I think they just wan't to drag me in to get some money from me... So apart from you guys telling me "hire an Attorney". What do you guys think about this whole mess.
Now let me add that in the Lease agreement it says the following: "Any alterations required by Law as a result of Tenant's use shall be Tenant's responsabillity. Landlord shall be responsible for any other alterations required by Law". My sister or myself did not make any Alterations to the building. So therefore if the building is not ADA accesable. Shouldn't the Landlord be the one ONLY one responsible for this whole issue?
Thanks for reading my long post =)
Susan
So at this point 3 Attorney's are involved. The Landlord's Attorney, My Sister's Attorney and of course The Plaintiff's Attorney. The Landlord's Insurance Company hire the attorney for her meaning the insurance company is paying for it. In the mean while the insurance my sister had said that they don't cover ADA Lawsuits. Therefore my sister will have to put money out of her pocket to pay for Attorney fees. So Negotiations started 5 Months passed then 6 Months. By this time my sister already spent around $3,000.00 in Attorney's fees and she said to her Attorney "why I keep getting billed every month from you" Her attorney said that the Landlord's attorney was streching and buying time therefore my sisters attorney was involved in more phone calls and such and such thats why she was getting billed over and over.
But nothing was resolved until my sister told the attorney that she didnt have that much money left so she suggested just to go ahead and settle with the plaintiff and let the Landlord settle on his own. So plaintiff asked for around $11,000.00 Because his civil rights were violated etc, etc. So my sister said "no way! I don't have that money" So next couple of weeks she just trew the keys at me and took off. Now she owes her attorney money and of course the plaintiff is going after her...BUT since she just dissapeared there is no way to find her she just puffed away. Now my sister's attorney just sent me an email saying that I will be added to the case as deffendant because I am named on the Lease of such property.
The business has been closed since she took off (almost a month ago) and now im worried because this attorney when at the very start of this whole thing he told me that I had nothing to worry about because my name was not on that Summons/Lawsuit/case. NOW this same lawyer is saying that the plaintiffs attorney will add me as a defendant.
My break down to this whole thing is that since the Landlord is just playing around and since her Insurance is paying for her attorney and my sister dissapeared I think they just wan't to drag me in to get some money from me... So apart from you guys telling me "hire an Attorney". What do you guys think about this whole mess.
Now let me add that in the Lease agreement it says the following: "Any alterations required by Law as a result of Tenant's use shall be Tenant's responsabillity. Landlord shall be responsible for any other alterations required by Law". My sister or myself did not make any Alterations to the building. So therefore if the building is not ADA accesable. Shouldn't the Landlord be the one ONLY one responsible for this whole issue?
Thanks for reading my long post =)
Susan
