 Tenant's Lawyer (by Randi [NY]) Oct 11, 2016 8:48 AM
 Tenant's Lawyer (by Deanna [TX]) Oct 11, 2016 9:00 AM
Tenant's Lawyer (by Britt [NC]) Oct 11, 2016 10:42 AM
Tenant's Lawyer (by Nicole [PA]) Oct 11, 2016 10:44 AM
Tenant's Lawyer (by Randi [NY]) Oct 11, 2016 11:05 AM
Tenant's Lawyer (by Still Learning [NH]) Oct 11, 2016 11:17 AM
Tenant's Lawyer (by Lynda [TX]) Oct 11, 2016 12:09 PM
Tenant's Lawyer (by RR78 [VA]) Oct 11, 2016 12:10 PM
Tenant's Lawyer (by Mike45 [NV]) Oct 11, 2016 2:58 PM
Tenant's Lawyer (by Vee [OH]) Oct 11, 2016 6:50 PM
Tenant's Lawyer (by Mike45 [NV]) Oct 12, 2016 1:15 PM
Tenant's Lawyer (by Randi [NY]) Posted on: Oct 11, 2016 8:48 AM
Message:
My soon-to-be ex-tenant had a lawyer call my lawyer. Perhaps mistakenly, whenever I have had correspondence via certified mail (Late Payment rent notice, Upcoming Notice to Quit if Rent not Paid, etc) I have CC my attorney. For some reason the tenants attorney has contacted mine. According to my attorney, it is protocol to return the call, but there is no action as the rent has been paid (although late) and the tenant is vacating the property at the end of the month. Is this a scare tactic to ensure all the security deposit and interest is returned? For sure a late charge as specified in the lease will be charged ($50 for an $1100.00 monthly rent), however, keeping my fingers crossed there's no damage. Very paranoid tenant as put in all sorts of security systems and reason leaving is I wouldn't restrict my access to the property other than what is required by law. Ex. Wanted to know what constitutes an emergency and have it written into the lease how quickly I would notify tenant in the case I needed to enter the rental. In almost 20 years, I never had to enter the rental unannounced with any of my 5 tenants. What should I advise my attorney to say???? --50.138.xxx.xxx |
Tenant's Lawyer (by Deanna [TX]) Posted on: Oct 11, 2016 9:00 AM
Message:
Why not let your attorney return the call per usual, and see what's up? They do it every day.
"Hi, there, this is so-and-so, returning your Friday 10/7 phone call regarding the such-and-such issue. How are things?"
and then see what the other attorney says. Attorneys are generally good at noncommittal conversations-- "Ahhh," or "I hadn't heard about that," or "I'll definitely talk to my client about that" or "Thanks for letting me know".
Then when your attorney brings you the extra information, you'll have a better idea about "what will make them happy" or "why they aren't happy", rather than speculating about a paranoid tenant's thought processes. And then you can figure out whether they have a valid concern or an invalid concern, and make a judgment call as to whether what they want is reasonable enough to cooperate with, just to make the problem go away, or if it's an issue where you don't care to budge an inch, and you want to dare them to escalate. --96.46.xxx.xx |
Tenant's Lawyer (by Britt [NC]) Posted on: Oct 11, 2016 10:42 AM
Message:
Very paranoid and doesn't want you coming by? Sounds like they might be doing bad stuff in there. --107.77.xx.xxx |
Tenant's Lawyer (by Nicole [PA]) Posted on: Oct 11, 2016 10:44 AM
Message:
YOU indicated you were represented by counsel so the attorney contacted the person YOU indicated represented you.
--72.70.xxx.xx |
Tenant's Lawyer (by Randi [NY]) Posted on: Oct 11, 2016 11:05 AM
Message:
Hi Nicole, While I understand how the tenant's attorney obtained my attorneys name, what I don't understand is WHY? There is no action pending. As I stated earlier the tenant paid up (ALTHOUGH LATE) after sending a certified letter that eviction proceedings would start if not paid by the 10th and all the items kept on my property have been removed after sending a certified letter that if not removed by the 10th, a compliant would be filed at the police station. The tenant gave notice that the tenant is vacating the property by October 31st so what is there to discuss aside from the security deposit return? I pay the attorney and this seems like a waste of time. --50.138.xxx.xxx |
Tenant's Lawyer (by Still Learning [NH]) Posted on: Oct 11, 2016 11:17 AM
Message:
Were the items removed by the 10th as stated in the certified later. Could be about that if they were not removed. --73.253.xxx.xxx |
Tenant's Lawyer (by Lynda [TX]) Posted on: Oct 11, 2016 12:09 PM
Message:
Why? Because paranoid people are paranoid. He gets a lawyer because he asumes you are trying to do something to him, because he's paranoid. It's his MO!
No reply by your lawyer is nec. His lawyer didn't ask for anything, there is nothing to answer to. Your lawyer can check with this guy, but might not get any info, as he will be representing HIS client.
This is a case of don't cross that bridge till you get there. --108.87.xx.xxx |
Tenant's Lawyer (by RR78 [VA]) Posted on: Oct 11, 2016 12:10 PM
Message:
Could be a number of reasons. But they like to keep open lines of communication. That way there is a chance they will talk more. And of course that increases the chance of more billable hours --73.251.xxx.xx |
Tenant's Lawyer (by Mike45 [NV]) Posted on: Oct 11, 2016 2:58 PM
Message:
My GUESS is that the T's atty merely wants to confirm that the payment of rent has been accepted and that there is no Notice To Pay Rent Or Quit forthcoming.
It is possible that the T also wants any notices to be sent to the T's atty -- either as a courtesy copy or in lieu of being sent directly to the T himself.
--71.2.xx.xxx |
Tenant's Lawyer (by Vee [OH]) Posted on: Oct 11, 2016 6:50 PM
Message:
If you atty has any rental experience she/he will return the payment as it contains no late fees, proceed to evict per your local/state tenant rules for unpaid rent, are you kidding me?
--76.188.xxx.xxx |
Tenant's Lawyer (by Mike45 [NV]) Posted on: Oct 12, 2016 1:15 PM
Message:
Vee, do you know if there is any waiver involved in collecting partial rent payment in NY? Or are you applying your experience (or your hunches) from Ohio to NY without knowing that rent issues are local/state?
In NY State outside of NYC (which has its own laws), if the OP had not yet served a Notice To Pay Or Quit, there is no harm in accepting partial rent payments. You can still evict for the portion not paid. (If you accept partial payment, after the Notice To Pay has gone out, you will need to issue a new Notice To Pay in the amount then outstanding. Still not a big deal, usually. I'd rather collect the $1,100 and then start over for the $50 unpaid balance.)
--71.2.xx.xxx |
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