Aunt and Uncle being sued. Do they have a chance???

[Guest]

Hello,

I'll try to keep it short.

Uncle and Aunt are being sued by landlord. While they were away on vacation, he (for no reason) entered their apartment and recorded a situation he claims that shows infestation (roaches, mice, etc). As they came back, he sued them for infestation the building, to cover his exterminator fees, etc.

They supposedly settled this case inside the court but not in front of a judge where they agreed that landlord will use their security deposit to pay for his expenses and all will be settled if they move out on a specified day which they did.

After they moved out, he sued them with new allegations charging them for infestation (again), his losses on fixing up the place, apartment not rented for 1-2 months and his fees for advertising the place for new tenants.

THEIR Defense;

1) Had no right to enter apartment
2) Apartment did not get any renovation from landlord for 15 years
3) No proof that they infested apartment/building. The entire place is old with garbage in close proximity to them
4) Agreed just few months ago to drop all claims as long as they moved out and left their security deposit.


What are their chances??

thank you.

 

[army judge]

Hello,

I'll try to keep it short.

Uncle and Aunt are being sued by landlord. While they were away on vacation, he (for no reason) entered their apartment and recorded a situation he claims that shows infestation (roaches, mice, etc). As they came back, he sued them for infestation the building, to cover his exterminator fees, etc.

They supposedly settled this case inside the court but not in front of a judge where they agreed that landlord will use their security deposit to pay for his expenses and all will be settled if they move out on a specified day which they did.

After they moved out, he sued them with new allegations charging them for infestation (again), his losses on fixing up the place, apartment not rented for 1-2 months and his fees for advertising the place for new tenants.

THEIR Defense;

1) Had no right to enter apartment

Sorry, the landlord always has a right to enter (or cause his agents or employees to enter) any of his or her properties in emergent or exigent circumstances.

2) Apartment did not get any renovation from landlord for 15 years

Sorry, that has NOTHING to do with the legal premise of the alleged landlord's lawsuit, as you indicated in your top post.

3) No proof that they infested apartment/building. The entire place is old with garbage in close proximity to them

Sorry, it is far to able to make such a determination. What you've stated is a finding of fact. That will be decided by the "tier of facts", a jury, or in this case, the presiding judge.

4) Agreed just few months ago to drop all claims as long as they moved out and left their security deposit.

What are their chances??

thank you.

Sorry, the trier of the law, the presiding judge will make the ruling if such an agreement was lawful or applies in this situation.
As far as chances, that doesn't work in horse races, handicapping; that is. They will receive, as we all do, a fair, impartial hearing where they get to defend against these allegations.

 

[guybk123]

a bit more info on what actually happened 4-5 months ago.

They came to the court for the hearing. 10 minutes before seeing the judge, attorney made an agreement with the defendant. Supposedly they agreed that if they move out by a certain date, he will use their deposit to pay for damages and have no further claims against my relatives. So my aunt agreed and the attorney drew up a quick agreement that both signed.

Aunt and uncle left premises on the agreed upon date.

Now .... this landlord is not an idiot and his attorney most likely found a loophole or initially structured their agreement to be able to further pursue litigation or else they wouldn't start suing them again for $4700 which includes exterminator costs, advertising for apartment, legal fees, apartment damage (some window minor damage, and air conditioner not working ... )

 

[mightymoose]

Do your family members have a copy of this agreement that was signed?
If not, they can probably forget about ever bringing it up because the terms of the agreement can't be proven.
It seems the damages were in excess of the deposit amount, and if so the landlord would reasonably seek additional damages.