LostDefectivePearl t1_iu64t8c wrote on October 28, 2022 at 8:57 PM

Reply to comment by kilofoxtrotfour in Looking for lawyer that deals with leasing agreements by empt2y

IANAL but I agree. This doesn’t seem like complex tenant law, it looks like breach of contract.

kilofoxtrotfour t1_iu6d1wf wrote on October 28, 2022 at 9:57 PM

I don't know why everyone wants to "Hire a lawyer" when anyone with basic knowledge can file in General District(eg: Small Claims) Court for about $50. I've taken some law classes & have sued people in Circuit Court(which is difficult), but nothing gets someone's attention like the Sheriff's hand delivering a summons. What people forget it to "start the conversation" of basically: "Hey, we think you screwed up, and you owe us something, not everything, but something". Court never goes how it's portrayed on TV, and this is likely not worth blowing $5,000+ in attorneys fees to accomplish what a DIY $50 filing fee might do.

Derigiberble t1_iu6nyjl wrote on October 28, 2022 at 11:23 PM

I'm not so sure about this being a good candidate for small claims. Small claims is limited to $5k but if they cleared out some high quality furniture then damages are likely easily in the five figures and if there was any jewelry it might hit six figures. A lawyer would also be able to advise about potential emotional distress damages since having a bunch of family heirlooms destroyed right after losing your (grand)parent is a hell of a thing.

kilofoxtrotfour t1_iu6qxir wrote on October 28, 2022 at 11:47 PM

It’s comical to believe there is an actionable claim for emotional distress. But, to your point - there may be a very real negligence claim if movers went into a perfectly kept home and threw out valuables within the lease period(if it was paid up). If the OP has $10,000 to front, it may be worthwhile, but the landlord typically has more legal standing than an heir. There are 3 version of the truth. OP’s version, landlord’s version, and the truth.

Derigiberble t1_iu6tx22 wrote on October 29, 2022 at 12:12 AM

The estate would have the best claim, no?

kilofoxtrotfour t1_iu78rjd wrote on October 29, 2022 at 2:13 AM

Who knows? We don't know enough facts. Did the landlord make a reasonable attempt to notify an emergency contact? Law enforcement is generally tasked with notifying next of kin, how long did the family wait? Was the tenant in default at or after the time of death? I think most people can agree it's "a dick move" to throw possessions in the garbage, but the landlord has plenty of defensive moves here. This is why the law is interesting -- there are so many gray areas with emotion getting in the way.