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Landlord\Tenant---California

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ldwilson

Guest
An aquaintance of my husbands, showed up at our gated apartment complex unanounced. He is buying a tool box from my husband and came by to talk about it. When he showed up my husband told him we were busy, and he would talk to him at the shop. Unbeknownst to us, the man had driven into our secured parking lot by following another tenant in. On his departure he found the gate shut,(it requires remote to open whether entering or leaving)so he bumped the gate with his vehichle. We learned of the incident when the landlord sent us a bill for the gate. We paid the bill, since we eithier had to pay or move.
First I did not understand how we could be responsible for the gate, since yes the man came to our house but we did not invite him or know he was coming. Also we did not let him in the parking lot.
Second my main question. The man who broke the gate was given a court order to pay restitution for the gate to my landlord. I would think that I am relieved of any responsibility considering the landlord has a court order requiring the man who hit the gate to pay for it, whether this man pays or not. Please let me know so I can deal with this correctly.
Sincerely,
Lori
 


L

LL

Guest
A court order isn't worth anything unless you can collect on it. I presume the order says that he is ordered to pay you.
 
L

ldwilson

Guest
Landlord\Tenant

The court order is for the man to pay my landlord. Not to us. We never took the man to court. The landlord took him to small claims and got the court order to collect restitution on the gate.
 
D

dj1

Guest
It is ILLEGAL for the landlord to collect from BOTH you and the driver.....

Write him a letter stating that , and ask for repayment or that you can deduct the money you paid him from the rent since he has a legal judgement against the driver, or as a lasr resort you will have to file suit in small cliams court, to get your money back

[Edited by dj1 on 03-15-2001 at 08:31 AM]
 

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