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Can a tenant of the house sue a neighbor?

Discussion in 'Other Ownership, Use & Privacy Issues' started by noobsauce560, Apr 8, 2015.

  1. noobsauce560

    noobsauce560 Law Topic Starter New Member

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    My neighbors kid broke my window and its a retrofit window so to replace it you have to replace the whole window. My neighbor agreed to pay for it and we told her it would be $450 for my family to replace it because my dad is a handyman. She agreed to pay the amount and kept telling me for months she still typing up an agreement while making a bunch of lies and we were getting tired of waiting for nothing. I told her id give it back to the police. I went to the police station today and they ended up calling her and the cop told me i have to give her a bid , an agreement and then if she refuses then i can sue her. I was wondering where i could get an agreement and when i get a quote how long would ihave to give her to pay the amount before i can sue her? Would i just type out the agreement myself or is there something online?


    Just saw this thread/post - posted twice. This time with add'l. details. Please keep your questions re the same situation in one thread. Thanks. Betty3
     
    Last edited by a moderator: Apr 8, 2015
  2. army judge

    army judge Super Moderator

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    Just get an estimate and forget about letting a relative make $450 off of this event.
    In fact, get three estimates, just to be safe.
    Once you get the estimates, send her copies along with a simple letter advising her that she has seven days, ten days, or 14 days (you choose) to reimburse you.
    If she hasn't paid you within the allotted time, you'll be filing a small claims lawsuit.
    Google (YOUR COUNTY, CA small claims lawsuit) for how to get that ball going.
    Expect her not to pay, and even if you file a lawsuit, she won't be forced ot pay.
    All you'll get is an order saying Susie owes Jill.
    Then you have to figure out how to chase her assets to get a lousy four hundred bucks, HINT, it ain't easy, and very few ever collect a dime.
     
    noobsauce560 likes this.
  3. noobsauce560

    noobsauce560 Law Topic Starter New Member

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    Can i ask her to choose one of the three estimates and pay for it within ten days or would i have to choose one of the three estimates myself and aks her to pay me back winthin the time period? also would it be better for her to sign a contract between us or a letter is fine? Also do i just go back to the police to ask for a police report if she doesn't reimburse?
     
  4. noobsauce560

    noobsauce560 Law Topic Starter New Member

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    My neighbor broke my window and i want make a small claims lawsuit due to her avoiding the situation. I am the tenant of the house and take care of the home. Can i sue my neighbor if i am the tenant or does the home owner have to ? The owner of the home is a relative and in my lease would it have to say i am responsible for repairing damages other than wear/tear or it doesnt matter?
     
  5. Betty3

    Betty3 Super Moderator

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    Did you tell the owner (your relative) what happened? If so, what did the owner say? Does the lease cover these situations?
     
  6. noobsauce560

    noobsauce560 Law Topic Starter New Member

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    Can a tenant sue a neighbor for breaking a window?

    Hey i was wondering as a tenant if i could sue my neighbor for breaking my window because she keeps saying she'll fix my window but its been 2 months now. if i gave her 2 bids and a letter saying if she doesnt pay for one of the two bids within 14 days i would take her to court? would it be possible for me as a tenant to take her to court?
    I want to take her to court because the owner is a relative and doesnt speak english and i take care of the home for my relative.




    Just saw this thread/post - it was posted as a separate thread. Once again, please ask your questions only once & keep all your questions re the same situation in one thread. Thanks. Betty3
     
    Last edited by a moderator: Apr 9, 2015
  7. mightymoose

    mightymoose Moderator

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    Don't make it more complicated than it needs to be.
    Pay for the repair yourself. Keep receipts to prove your loss then file in small claims for a judgment. Your neighbor obviously has no intention of paying. Small claims is your only real option at this point.
     
  8. army judge

    army judge Super Moderator

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    Moose gave you a very simple solution.
    Follow it, but before you can file a small claims lawsuit in your state, you have to send her a demand letter.
    Read my post above which tells you how to find the CORRECT court in your county in which to file your small claims lawsuit.
    Be advised, filing the lawsuit and having her served will cost you about $100-$150 in more UP FRONT money the court will demand.
    Add that to the $500 repair and you're out about $700.
    You're gonna prevail, as long as you read the instructions on the court's website and have your PROOF.
    But, that's no guarantee she'll pay.
    After you obtain your judgment, it'll cost you ANOTHER fifty bucks (give or take) to perfect it.
    See the pattern?
    Now you just have to find her bank account, maybe where she works, to try and get the sheriff to attach her assets. It ain't easy, and very few ever get a dime.
    If she's retired and gets social security, welfare, or SSI, that can't be touched.
    Face it, if she was going to do right, she would have done it already.

    If I were you, I'd simply repair the window, eat the cost, and call the cops whenever any of her kin trespass on your property.

    Bums and deadbeats never pay, and there's nothing you or I can do to them that won't land us in jail.
     
  9. Betty3

    Betty3 Super Moderator

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    OP, you started 3 separate threads with your questions in regard to the same situation. Please keep all questions regarding this topic in one (this) thread. Thanks. Betty3
     
  10. noobsauce560

    noobsauce560 Law Topic Starter New Member

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    My neighbor lives off of welfare and her kid just came over saying he isnt scared of the police and he talks to them too. Ive decided to drop the issue with her because u cant take money from ppl who have nothing. What could i do to get the police to arrest her kid next time he does this?
     
  11. Betty3

    Betty3 Super Moderator

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    If it happens again or he comes on your property, call the police & let them talk to the kid/let them handle.

    You can sue the parent if he does any damage but good luck in getting paid even if you get a judgment.

    There isn't much else you can do except move.
     
    Last edited: Apr 9, 2015
  12. Betty3

    Betty3 Super Moderator

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    Just wondering, how old is this kid?
     
  13. noobsauce560

    noobsauce560 Law Topic Starter New Member

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    The kid is about 16 or 17. Hopefully the police could arrest him next time he does it again.
     
  14. mightymoose

    mightymoose Moderator

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    He isn't likely to be arrested unless he is making threats or doing something more than what you've described.
    If you are fearful of him for some reason you can consider a restraining order. That likely isn't worth it either though.
    Everyone should be able to ignore each other just fine.
     
  15. noobsauce560

    noobsauce560 Law Topic Starter New Member

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    Could he be arrested if he breaks another window? Or does other things to damage my property? Also if i decide to drop this would i have to give my neighbor any paperwork sayin i dropped it or just tell her in person? She might go off saying we are lyin and will tell the police she doesnt wanna pay and blahblah.
     
  16. army judge

    army judge Super Moderator

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    Lady, let it go. There's no way the court or the law can protect you. If it could, people wouldn't be killed every day.

    Ignore her and her tribe of hoodlums.
    If any of the hoodlums break the law, call 911.
    Stop communicating with heathens, savages, thugs, and miscreants.
    Pretend none of them exist.
    You CAN control that easily.
     

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