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TexLaw, Attorney
Category: Personal Injury Law
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Experience:  Lead Personal Injury Trial Lawyer
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How can I protect me for the tenant make the frame to sue me?One

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How can I protect me for the tenant make the frame to sue me?

One of my tenant came to looking at my apt, and she like it, she decide to take it. Her mom asked me also for a 1 bed apt. I did not have.
At the date that her daughter is move in, she called me and told me that she can not go to street, because, she can not live with her daughter longer, due to she is section 8. She can not find an apt, so she said that she wanted to rent downstairs (big 2 bed room) apt. I told she that apt is too much for her, but she said that she can not go to street, her sons can help her, if her son move in with her. And she will move to a smaller apt once I have people move out from my smaller apt.
Looking at her, I feel that she is honest. And it was rushing due to her daughter is moving tomorrow. So I agreed.

Since then she is keeping tell me that her son knows to do everything, landscape, plumber…. And her son was very plite every time saw me, and always ask me if he can help, and tell me how he is good on the fence, and he can fix my tilted fence straight. So I let him did all the snow removal on the stairs. Her mon told me that she can not pay me the full rent any more, the apt is doo much for her, and her son do not have work so they can not help her to pay the rent. She need a smaller apt. So on March, she is short for $100 for the rent. So I agreed to let her son to fix the fence, he asked me to provide the tools, So I bought what he asked. The whole week he only opened the one post foot of the titled fence. He told me that he was busy to work on the construction with his uncle, so he has no time to finish the fence, but he will finish it this week-end.
4/13/13, around 5 pm, he called up, claimed that he was wounded due to work for me.
Because her mom did not pay me the April rent yet, and she told me that I can have it on 4/15/13, then her mom never pay again. On 4/16/13, I give her the key for a small 2 bed apt that I just completed the renovation and cleanning. She told me that great, she promise that she will catched up with her rent on May and she will move in right that date by using her daughter truck.
But until 4/18/13, there is nothing happened, called her, as answered as usual that she will move in, but she can not find a truck, due to her truck is too small, but evety thing will be out before coming Saturday 4/20/13.
On 4/20/13, Saturday, they were still there. And her son told me this time that if I ever evict her mom, he will go to court to sue me for wounded him by giving him inappropriate tool, and rushing him to finishing the fence. But her mom was tell me that his son does not mean that , they know I was trying to help them, he just do not I evict her because she has rent delayed. She promised me that she will pay and catch up the rent once she is in the small apt. they moved into the small apt finally on Sunday.
Then on May 6, 201, she was disappeared again for paying the rent. Her daughter tell me that her mom fell on my stairs and staying in Hospital now. But refused to let me know where I can go to see her.
I started to realize that I was played in the whole thing. So I sent out the 14 days quit notice to her mom. On 5/10/2013. I met her, she looks perfect fine, but for the first time, she is very mean, told yeled to me that she was the victim of forced move into this 2nd floor apt, and her son was wounded also due to work for me.
That is a big shock to me. I thought that I realize that she is trying to not pay my rent. Now looks like she made all these frames to sue to get more money from me besides of the rent. What should I do to protect me now?

I need you to answer all four questions below:

How exactly did the son claim to hurt his back?

Did anyone see the mother slip and fall on the stairs?

Do you know why she slipped and fell on the stairs?

Have they paid their late rent yet?
Customer: replied 4 years ago.
His son claimed, his arm has bone fraction , due to hit too strong to the cement block when he dig the post foot. He accuse me that his lawyer told him that I provide inapropreit tool to do the work, and plus I rushed him.

Actually, for a week , he rigged the post and exposed the cement block for 5 days, he was fine when Saturday morning, i went ghere to check the fence. Sunday is still same, but he claimed he wounded on Saturday. I did not see , no people saw.

No body saw her slip, I asked the neighbor they can not bielieve, because they saw her walking fine Sunday ( her daughter told me she fell on Saturday, I do not know why she fell. I only know after I sent out 14 days quit notice, she started yeld to me that it was me to force her move to this second floor, which she can not do stairs. But before, she did not tell me that she can not take this apt, she even promised me that she will catch up with rent, when I provide her a cheaper apt. Even before she was living in my another apt, which is first floor apt, but that house need to go up 17 stairs to get in the first floor. This one is 2nd floor, but only 13 stairs. I know right know she knows that I do not trust her any more, so she ueseall lies to blame on me. But when she lies it sounds like truth, that is why I was trusted her again and again until this is 3 rd time that she claim the sick to avoid the payment.
Until now she did not pay last and this month rent.

Before I explain your answer, I'm going to explain the law in this situation. The law in the US allows for a person who believes they have been injured to sue in court, as a right. There is no way to block this person's right to sue in court, even if they are not actually injured. The only thing a falsely accused person can do is offer a valid and strong defense to beat the case.

That being said, neither of these people (the mother or the son) have a good lawsuit to bring against you. Their claims are weak. The son does not have any standing to bring a lawsuit at all, and his suit could be dismissed immediately if you filed the correct motion in court.

The best way to protect yourself against both of these scam artists is to take photographs/video of them doing things physically which indicate that they are not injured. You can either hire a professional private investigator to do this, or you can do it yourself. You can then use these pictures/video to show the court that their claims are false.

Additionally, I would proceed with evicting both of these individuals as fast as you can.

Please let me know if you have any further questions. Please also kindly consider rating my answer positively so that I am compensated by the website for my work on your question. Rating positively does not cause an additional charge and does not prevent us from further discussing your questions.

Best Regards,
Customer: replied 4 years ago.
Sine I lived far away from my rental properties, so I did not tale videos tight after the event, also they did not show so mean at that time so I did not take any pictures or video, I do nog know if I take video now that can approve anything, since it has been three weeks after her som claiming wounded, a week passed for her to fell the stairs. When she yiel to me, she claim that her daughter can be the vitness of everything about her and her son.
A person cannot sue simply because you hurt them (i.e., caused them pain). There must be an actual physical injury accompanying this to allow a suit.

The photos would help. Just because they claim to have been injured does not actually entitle them to anything.

In court, they have to actually prove that they were injured with evidence which is acceptable to the court. Then they have to prove that you had a duty to prevent them from being injured. In the son's case, you had NO duty to him to keep him from being injured by giving him a proper tool. That is his problem and he cannot sue you for it. Further, if he is claiming that he broke his arm, then a photo or video of him using his arm now will disprove his claim.

In the mother's case, she has to show that she was injured from the slip and fall. If she is walking around fine now, then a video of this will disprove her injury claim. Further, even if she was injured, she has to prove that the stairs were maintained in a negligent fashion and that there was a dangerous condition about the stairs which caused her to slip and fall. If she was clumsy and just fell down the stairs, she cannot sue you for that. That would be her own fault, not yours.

Videos and photographs help.
TexLaw and 5 other Personal Injury Law Specialists are ready to help you
Customer: replied 4 years ago.
Could I take some videos when I go to her apt to do the repairs. She told me that she is missing one screen on one of her windows. So I will go to check the window, I am think to make some pictures or video at that time. Is it legal to do so?

It is legal for you to do it if you are going to disclose to her that you are recording the conversation. Ask her if it is okay. Massachusetts does not allow a recording of a conversation where one party does not consent to it being recorded.

If you are taking a videotape of the apartment and you happen to capture her walking around, then that is a different circumstance.

TexLaw and 5 other Personal Injury Law Specialists are ready to help you