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Thomas McJD
Thomas McJD, Lawyer
Category: Landlord-Tenant
Satisfied Customers: 6516
Experience:  Landlord-Tenant Law Expert
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my college daughter has a dispute with a person who was supposed

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my college daughter has a dispute with a person who was supposed to sublease and backed out. The girl left stuff in the apt and is now suing my daughter for unjust something. To the tune of $ 4,480 for a couple boxes of personal items.
The girl signed a lease but backed out.
What kind of lawyer do I need?

TMcJD :

Hi, I will be happy to assist you, and it is my goal to make you a very satisfied customer! This may take a few minutes, so thanks for your patience.

TMcJD :

Any general practice attorney would be sufficient so long as experienced in litigation matters. It would also be helpful if the attorney has some experience with landlord and tenant law. It sounds as though the girl that backed out is suing for unjust enrichment based on the value of the items. However, if your daughter has provided her with an opportunity to retrieve those items, then any suit would be fruitless, since providing those items would end any potential claim she has for the value of the items.

TMcJD :

The attorney you retain could also assist in giving possible written notice concerning the personal property. Upon proper notice, any contents still left after a certain period of time can be disposed of by your daughter with no fear of any recourse by the other girl.

TMcJD :

Plus, your daughter may well have claims against the other girl that could serve as counterclaims based on breach of any lease or rental agreement she had with the other girl.

TMcJD :

www.martindale.com is a very good website that you could use to locate local counsel

Customer:

my daughter moved out based on the fact that the girl signed the lease and agreed to take the apt but then the girl backed out. She wanted her things back but my daughter was moved out.

Customer:

Our fear was and still is that this girl would say there was more there or things of value were missing and there is no way to determine what she had, it was in boxes.

TMcJD :

So the other girls' property was left there? That's her doing, not your daughters. If the other girl signed a lease, the owner of the property would have needed to give the other girl notice before getting rid of the property. That was not your daughter's responsibility.

TMcJD :

That assumes, of course, that your daughter also moved out -- as you noted -- and that the property was simply left there by the other girl and that your daughter didn't do anything to prevent the other girl from getting the property.

Customer:

But my daughter has been served and has until 5-13 to file an answer and she will be in Haiti on a mission trip on that date. She is in college and can't deal with all of this in that short time frame.

Customer:

I will have to pay an attorney to file an answer and represent her. Can we counter sue for attorney fees?

Customer:

Thanks

TMcJD :

The attorney can make an appearance on her behalf and file an answer and otherwise defend her rights.

TMcJD :

If the breached lease agreement provides for attorney fees in the event of suing for breach, then you can file a counterclaim and, if successful, obtain attorney fees.

Customer:

OK and you recommend finding an attorney on martindale.com?

TMcJD :

Otherwise, what is referred to as the "American Rule" generally provides that each party pay his own attorney fees.

TMcJD :

Yes, I use martindale all the time myself. Some people like www.findlaw.com too.

Customer:

the area is tenant/landlord law?

TMcJD :

Yes, just a litigation attorney familiar with landlord tenant law and basic contract law.

TMcJD :

As noted, most any general practice attorney could handle the case with no problems.

TMcJD :

Please let me know if you need additional assistance.

Customer:

ok thank you

TMcJD :

I would be grateful if you could please leave me a positive rating for my assistance. I cannot receive credit for my work without your positive rating even if you already made a deposit with JustAnswer. Thanks and have a great day!

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