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What is my recourse for action in dealing with my ex-landlord/insurance co. after s/he previously proposed a "wash" on damages?
Oakland, CA
Viewed 18 times.
Posted 9 months ago in Lawsuits / Disputes
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My landlord's insurance company is claiming that we're responsible for $2,500 in damages. We previously settled the matter with the landlord. S/he wrote us an email stating "I won't seek damages from you and you won't seek damages from me" after we said we were prepared to challenge the claims, b/c:
1) We were not given a move-out inspection as our Notice to Vacate requested, nor the opportunity to fix problems. 2) Damages were quoted much higher than estimates we received. 3) The "invoices" were amateur at best, fraudulent at worst. 100+ hours to paint a 700 sq.ft.apt. We already forfeited a $2,000 deposit. We figured her proposal would be the end of it. We appreciate any advice. Answers (1)
Erik Glen Swanson
This attorney is licensed in Illinois.
Posted 9 months ago.
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If there was a legitimate dispute which was settled, the law in most states would normally not allow the action to be pursued. In Illinois, at least, your landlord could bring a legal action against you, but you would have a defense which would make the Judge dismiss the case and likely lead to sanctions against the landlord and her attorneys.
Your safest bet would be to have an attorney review the settlement to ensure it is acceptable under California law and write a letter explaining the settlement to the insurance company. Disclaimer: This answer is provided as a public service and as a general response to a general question, it is not meant, and should not be relied upon as specific legal advice, nor does it create an attorney-client relationship. |
