Tenant wants to sue me

Discussion in 'Property Management' started by Hodge, 23rd Nov, 2015.

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  1. melbournian

    melbournian Well-Known Member

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    Let the pm sort it out. She needs to go to vcat first to sort it out. A lot of ppl threat to sue but haven't the slightest ideas as legal action cost money and unless u are chasing a large amount it really is worthless.

    Even conflicts with builders need to be sorted initially in vcat. If she could really sue she wouldn't be a tenant
     
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  2. Scott No Mates

    Scott No Mates Well-Known Member

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    Only for residential claims, real building works go through a real court ;) (one with wigs and gowns).
     
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  3. melbournian

    melbournian Well-Known Member

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    @Scott No Mates Not in Melbourne it doesn't been there a few times to sort late finish times and other quality issues
     
  4. Greyghost

    Greyghost Well-Known Member

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    Yep.
    That is the PM's job.
    If it is extreme they will call and have services fixed, then your PM will handle in the morning.
    I made the mistake of giving my mobile to one of my tenants when I was 23. Worst decision ever. It's like bullying, once you give in one time, they keep calling about the smallest things.

    All of the above is the job of a good pm.
    Plus you save yourself a number of headaches.. Most likely this wouldn't even have occurred if your pm intervened (instead of them calling you).
    Maybe change your mobile number mate?
    Best of luck with it.
     
  5. Scott No Mates

    Scott No Mates Well-Known Member

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    On commercial building contracts, not for resi?
     
  6. Bayview

    Bayview Well-Known Member

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    Yep; go fast and hard..

    They love to play "legal tennis".

    Watch the litany of letters and phone calls begin.
     
  7. MarkB

    MarkB Well-Known Member

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    You regularly have tenants threaten legal action?

    (btw... idle, not idol)
     
  8. Scott No Mates

    Scott No Mates Well-Known Member

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    @MarkB Who says it's not an "idol" threat from a witch doctor?
     
  9. Bargain Hunter

    Bargain Hunter Well-Known Member

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    It's not his fault if the tenant thinks he's a god
     
  10. willair

    willair Well-Known Member Premium Member

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    I have been down this road a few times,and there is a big difference between "knowingly" as opposed to "intentionally",just bypass the pm and contact the insurance company you use,otherwise you may end up in some kangaroo court..
     
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  11. thatbum

    thatbum Well-Known Member

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    Wow there's some real dubious advice in this thread. The tenant is threatening legal action, possibly with the assistance of a lawyer, and the consensus is for the landlord to put their head in the sand and leave it to the PM?

    Nevermind that any court action would have the landlord as personal respondent and not the PM...

    I'd at least try and find out more about the supposed cause of action, even if I was skeptical there was any merit in it.
     
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  12. Wall Street

    Wall Street Well-Known Member

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    No need to stress... Just empty threats. No grounds to sue/go to the tribunal.

    I get idiots threatening to sue me with 'with strong cases' on 'advice of their lawyer', but they back down when they find out the costs involved. It helps when I let them know that running any case won't cost me a cent as I am a lawyer myself and used to practically live in courts/tribunals.:p
     
  13. wylie

    wylie Moderator Staff Member

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    Thatbum... I would want to know more too. How would one do that? Would you need to engage a lawyer or is there a way one can find out more without getting into big money?
     
  14. wylie

    wylie Moderator Staff Member

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    That helps you, but not anyone else ;).

    Perhaps the level of concern relates to the level of having been through the court before, even being "right" and still losing big time. I would be worried.

    I get chills when I see a large envelope in my letterbox that I'm not expecting.
     
  15. Wall Street

    Wall Street Well-Known Member

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    I still get scared when I receive those envelopes too!!

    Though it sounds like the tenant is a bit 'all over the place'. Ask them to send an email (to the PM), to outline their concerns. It should help narrow down any issues.
     
  16. melbournian

    melbournian Well-Known Member

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    Resi contracts. For e.g fence wrongly installed like 1 meter into neighbours boundary by builder on an ip. was taken out by neighbour when he builded his house. Hence - my builder should have foot the bill as it is still like 2k etc to get it sorted out. Normally anything less than 10k in tribunal otherwise can you imagine all the builder warranty issues that would to be sorted out in magistrates court for high legal costs.
     
  17. Ed Barton

    Ed Barton Well-Known Member

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    The (not)tenant has a very strong case - it's called 'the vibe'.

    Wake me up when it escalates from an 'I'm going to sue you' statement at the pub to something a little more substantial.
     
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  18. Scott No Mates

    Scott No Mates Well-Known Member

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    I had an issue with a proposed (but not yet approved) assignee. They had purchased the business from the tenant, commandeered their bank/phone accounts etc but put the (original) tenant in breach - purchase conditions were not fulfilled. I would not grant access to the premises until I had received, reviewed and executed assignment documentation (as well as receiving the new bond etc).

    Letters from a big 4 legal firm with threats. The claim petered out (upon advice guided by our 2nd tier lawyer).
     
    Last edited: 26th Nov, 2015
  19. Truly Exotic

    Truly Exotic Well-Known Member

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    ahhh the good old 'im going to take legal action' comment!

    seems to be the first thing people these days say when something something doesnt go right for them.

    Even though laws are nt always common sense, if the accusations are ludicrous or unreasoanble, what I say is 'here is the name and number of my lawyer, please give them a call, and they will be happy to talk to you, and here is the number of legal aid in case you need it !'

    Works 99,9% of the time! :)
     
  20. dabbler

    dabbler Well-Known Member

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    Would not phase me one bit, I would say do as you want and never call or contact me directly again, and would record the incident.
     

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