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Old 04-14-2004, 12:25 PM
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need help phcknlawyer, dhlaw or other attorney's

long story, but here is the short version, cops broke into one of my tennents apartments, broke 2 doors and door jams and damaged some paint, i called the police station right after the inncodent, and the said just have the work done and submit a bill and they would take care of it. so that is what i did. when i submited the bill the told me they will not pay for any of the damages.
one of my complaints is they could of went through the big picture window and the repair bill for fixing the glass would have been $150. instead they went through 2 doors and the bill was over $1300 and now i am stuck with that bill. here are some questions that i have 1st are they obligated to pay me? 2nd do you think i would stand a chance if I took them to small claims court or do you think I should have an attorney write some letters to the city for me?
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Old 04-14-2004, 12:38 PM
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You are looking at the wrong party for payment. Look to your tenant for reimbursement. Assuming he/she/they were engaged in illegal activities that required the police to force their way in, the tenant would be responsible for the damages. If there is a criminal case against the tenants, call the Distict Attorney handling the case and make a claim for restitution for the repairs. That way, in passing a sentence, the judge could include a provision that the tenants pay you for the damages as part of their probation/sentence.

If the police totally screwed up and had no reason to enter your property, then they could be held liable.

Need more HUGE facts, Hugetime. Bring it on.
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Old 04-14-2004, 12:43 PM
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that sucks. i had something similiar, someone broke into my rental, and it was a question of who was responsible. i found that i had a good lease and it said doors and window breakage were to be covered by the tenant, but i was nice and split it.
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Old 04-14-2004, 12:46 PM
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do you think i would ever get paid, this guy will probobly never get out of jail, can i go after his wife in small claims? just some idea's, I will spare no expense make these people pay, I hate them, they have made my life misserable and the amazing thing is they think they are the victims. they actually called the police on me when i emptied the apartment of things they had abandoned there. I had moved all there things to storage and when the police showed up they made me hand over the keys to the storage unit to these scumbags and they said they would have the stuff out within 4 days, now it is going on 3 weeks and i will have to pay for another month if they don't get there stuff out.
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Old 04-14-2004, 12:48 PM
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Quote:
Originally posted by hugetime1
can i go after his wife in small claims?
is she on the lease?
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Old 04-14-2004, 12:50 PM
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Quote:
Originally posted by hugetime1
I had moved all there things to storage and when the police showed up they made me hand over the keys to the storage unit to these scumbags and they said they would have the stuff out within 4 days, now it is going on 3 weeks and i will have to pay for another month if they don't get there stuff out.
also, have you started the eviction process yet? If not get it going, or they still have a lease. and it takes a couple weeks to get it all done (at least in my case)

If you have, then they have a certain amount of time to move out or you can have the sheriff move their stuff out.
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Old 04-14-2004, 12:52 PM
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they are already out, i removed there stuff after it was abandoned and the lease has expired and yes she was on it.
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Old 04-14-2004, 12:57 PM
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im not sure from here, but heres what i think. go after them in small claims. if he doesnt show you win right? (dont know about that one )

i think the best your going to do is a judgement, but go after them for the cleanup from the abandonedment (sp?) but if hes in jail your not going to get any money. i got a judgement, but have never seen a penny. i think you can have the sheriff collect for you, but i just wrote it off as experience.
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Old 04-14-2004, 01:08 PM
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Huge...I don't know about your leases, but in our leases there is a specific clause in there that says anything left in there after lease expiration is considered abandoned property which can be disposed of any way the Landlord deems appropriate. That's pretty standard language.

You can't sue the wife unless she's on the lease too. If she is, go ahead...and don't forget to add in the rental payment for the storage unit. There should be a "time is off the essence" clause in there too - and more stuff about related damages if they don't adhere.

If these things aren't in there...I would advise you to change your lease form.
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Old 04-14-2004, 05:46 PM
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Huge,

Your PM box is full. Empty it and/or send me a PM with your number. 95% of my practice is L&T, including Florida L&T. I can walk you through the process.
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