Re: Landlord Nightmare - Landlord Forum thread

Re: Landlord Nightmare by P-Bone in WNY (NY) on May 3, 2012 @07:37

You need to stop posting. It appears you have already given advice to speak to a lawyer. When doing so, make it clear that generally lawyers come with significant fees. Additionally, if the case is lost, generally the loser would have to cover the court costs and fees for the winning party. With that being said, failure to buy renters' insurance is the tenants acceptance to cover any and all damages caused by the tenant in full. Since this was clearly something that would have been covered by renters' insurance (likely required per the rental agreement), then the tenant is leaving themselves up to this kind of liability. Regardless of court, it is pretty clear that the tenant is the responsible party in this case and will ultimately bear the cost. A lawyer may be able to mitigate those costs with a suit brought against the fan manufacturer.

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Re: Landlord Nightmare by Anonymous on May 3, 2012 @19:24	[ Reply ]

I do not need to stop posting. I may post as much as a want. "Generally the loser would have to cover court costs and fees for the winning party" Do you have a citation for this? Or did you make it up? Well I know for a fact you made up since it's not true. "The appartment got fire due to power surge & faulty fan I got from Walgreen." The power surge is not caused the fan. The power surge is likely caused by faulty electronics in the house or before the house. How can you possibly assign blame to the tenant for this accident since the power surge was almost certainly caused by the landlord. Would the fire have started without this surge? Did the power surge blow the breaker? It should have and if it didn't why not? Since of course you don't know the answer to these question, your advice(and much of the rest is nonsensical). And in light of your ignorance of the situation, your demand that I stop posting to prevent your ignorance to come to light is laughable.

Re: Landlord Nightmare by Anonymous on May 3, 2012 @20:41	[ Reply ]

Watch any court show on TV or read any standard contract. It is common practice that if the plaintiff loses the case, he/she is ordered to cover the filing/court fees.

Re: Landlord Nightmare by Micah on May 4, 2012 @09:01	[ Reply ]

Both my parents are lawyers. In a civil case it is common for the winning party to move for court costs and some times lawyers fees. This is partly to try and discourage frivolous lawsuits.

Re: Landlord Nightmare by Anonymous on May 5, 2012 @13:57	[ Reply ]

Not for nothing, but if you win and didn't ask for legal expenses, don't EXPECT to get them. Courts don't automatically award items that aren't asked for that should be in your initial complaint or response to complaint.

Re: Landlord Nightmare by OK-LL on May 6, 2012 @09:56	[ Reply ]

In fact, courts in my area automatically include costs of the case in the judgment for the prevailing party -- they specifically bar the plaintiff from including the costs in the petition because the award of costs is dictated in the statute. Attorney fees must be requested, submitted in detail to the court, heard at hearing and deemed reasonable by the judge to be awarded.

Re: Landlord Nightmare by OK-LL on May 6, 2012 @10:00	[ Reply ]

There is a reason this is a LL forum. You will find that many LLs posting advice here have much more experience in all aspects of rentals than the typical renter (which it sounds like you are) by virtue of the sheer volume of properties they have, or the number of tenant issues they have dealt with over the years. You will also find that the LLs posting on this site typically provide reasonable advice to the tenant poster, unless the tenant is posting absurdities in which case they get the vituperation they deserve and hopefull will be smarter because of it. Listen and learn.