Unethical Behavior By Attorney

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Latest post 07-01-2012 9:30 PM by TenantHell. 13 replies.
  • 06-28-2012 11:35 PM

    Unethical Behavior By Attorney

    I legally rent out part of my home. My tenant has paid her rent late for 2 years and stopped paying all together a few months ago, She hasn't paid utility bills all year and I have been paying her share to keep the power on. She has no defense - there are no repair issues, etc. I gave her a 30 date notice and have begun the eviction notice without an attorney. As of now she owes about $10K, including  damages and vandalism. The police have been called many times and said just get her out ASAP. In court this week she showed up with a Legal Aid Attorney. This is bizarre because she is not even close to being eligible for Legal Aid (35K job plus alimony and child support) so either the lawyer is abusing the system, the tenant lied about her income and it wasn't checked  or the lawyer  is working pro bono for some reason. This lawyer took me outside and told me that if I wanted her out of my house I would have to drop all the monetary claims against her or else she would tell her to stay in the home.. Of course I refused. This all seems like unethical behavior so I have aready sent for the Grievance form to report her. Any thought out there on this?

  • 06-28-2012 11:55 PM In reply to

    • Drew
      Consumer
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    Re: Unethical Behavior By Attorney

    The lawyer is entitled to blow smoke --not unethical.  Learn how to play hardball with deadbeats----the attorney may be doing her a "favor" --but once you force so serious work upon the tenant for her lawyer the free mat may wear out very quickly.

    Unless you sue for the $10 K or whatever you won't see a dime of same.



  • 06-29-2012 12:08 AM In reply to

    Re: Unethical Behavior By Attorney

    You should have nipped this in the bud when she was one day late way back when.

    Now that you are 10k in the hole and she has a lawyer, you might be up the creek without a paddle.

    As for your grievance against her lawyer, you don't have one. He's representing her, not you. That he has you upset about it means he's doing his job and doing it well.

    • The right of the people 
    • to keep and bear arms,
    • shall not be infringed.
  • 06-29-2012 12:25 AM In reply to

    Re: Unethical Behavior By Attorney

    Uh,,,,  I think you are missing my point. The tenant is moving out now so the Lawyer's blown smoke lasted less than a week. Even the police yelled at her to get the F--- out of my house. The tenant has had the same job for 10 years which I doubt she'll just quit to avoid a Sheriff's lien.It looks like she's stealing my property too so I will be filing criminal charges against her for that along with the vandalism and her attorney can go bail her out for that too. 

    I am really asking about the misue of Legal Aid funds. I cannot think of any reason, unless this lawyer has some some of low profile Jose Baez complex, that she would be working for her pro bono. She has no minor children, domestic history, repair issues, etc. She lived beyond her means for years and once the child support stopped, she had no back-up plan.

     

  • 06-29-2012 1:11 AM In reply to

    Re: Unethical Behavior By Attorney

    TenantHell:

    I am really asking about the misue of Legal Aid funds. I cannot think of any reason, unless this lawyer has some some of low profile Jose Baez complex, that she would be working for her pro bono. She has no minor children, domestic history, repair issues, etc. She lived beyond her means for years and once the child support stopped, she had no back-up plan.

    Then send a written notice to Legal Aid and let them handle it if they want to. Then it's between Legal Aid and the lawyer and you have no dog in that race.

    As for her moving out, congratulations. Whatever happens after that I recommend that you never rent out part of your house again. It's an incredibly bad idea no matter how bad you think you need to do it.

     

    • The right of the people 
    • to keep and bear arms,
    • shall not be infringed.
  • 06-29-2012 2:34 AM In reply to

    Re: Unethical Behavior By Attorney

    TenantHell:
    This lawyer took me outside and told me that if I wanted her out of my house I would have to drop all the monetary claims against her or else she would tell her to stay in the home.. Of course I refused. This all seems like unethical behavior so I have aready sent for the Grievance form to report her. Any thought out there on this?

    That's not unethical under the rules of professional conduct. It basically amounts to a settlement offer — the client will move out right away if you drop the back rent and other claims against her. You don't have to like the offer and you don't have to like the way the lawyer pitched the offer. The lawyer doesn't work for you and of course isn't going to be doing anything to benefit you. That should be no suprise.

    TenantHell:
    I am really asking about the misue of Legal Aid funds. I cannot think of any reason, unless this lawyer has some some of low profile Jose Baez complex, that she would be working for her pro bono. She has no minor children, domestic history, repair issues, etc. She lived beyond her means for years and once the child support stopped, she had no back-up plan.

    Ok, so reading between the lines here, I can guess that you are miffed that (1) she apparently got a lawyer to assist her for little or no cost and (2) she was living well all while not paying you rent. I can understand that, but going after the lawyer isn't going to help you here. You can tell legal aid what you know of her income and assets if you want. It'll be up to legal aid to decide what to do about that. If she lied about her resources, maybe they'll bill her for the legal services she got. In any event though, it doesn't seem to me that pursuing this angle helps you at all.

  • 06-29-2012 9:18 AM In reply to

    • Drew
      Consumer
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    Re: Unethical Behavior By Attorney

    I'm an old retired LL--You seem to be into unwise steps.

    1. In many states its hard to get rid of tenants--frankly I'd lay low and my mouth shut until the exit is complete, physically out, key returned --ideally a written surrender as well--but OUT--you don't want them to squat!

    2. Once out you need to dust off all the proper steps to sue for balance of rents due and utitlties due.

    3. Once out you need to follow all the proper steps to sue for damages above and beyond "wear and tear."

    4. No clue what you mean about theft--but you don't prosecute for theft--the local DA call such shots .



  • 06-29-2012 9:48 AM In reply to

    Re: Unethical Behavior By Attorney

    Thank you,

    She hasn't been here for 2 nights and is most of her stuff is gone. I won't really be home until July 1 so I'll start this up again July 2 .Filing the grievance for the Legal Aid issue will take time for any action on their part. I know I don't prosecute for theft; my point again is that either the attorney gave her such a false sense of security that she thinks she could steal and vandalize and get away with it or she really is just that flat out stupid.

  • 06-29-2012 10:16 AM In reply to

    • Drew
      Consumer
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    • Joined on 03-30-2000
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    Re: Unethical Behavior By Attorney

    Focus on being sure she is OUT and sue to get all your money.   You can spin wheels with Legal Aid later.

    Be careful--a tenant can be 99% out and not be legally out should they decide to come back in. You want formal out. Return of keys is highly symbolic of same.

     

    What is it you expect her to steal?



  • 06-29-2012 10:17 AM In reply to

    • Drew
      Consumer
    • Top 10 Contributor
    • Joined on 03-30-2000
    • PA
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    Re: Unethical Behavior By Attorney

    So far the stupid award is a bit misplaced!  $10,000 of free rent is not stupid on her part---guess who that leaves...



  • 06-29-2012 10:28 AM In reply to

    Re: Unethical Behavior By Attorney

    Nope

    Less than 1/3 of that is rent which includes JULY

    Thanks for playing

  • 07-01-2012 1:15 PM In reply to

    Re: Unethical Behavior By Attorney

    Its a new month. Today I found the door unlocked but no note and 1 of 4 keys I gave her was on the counter. She stole  but not $1000 worth. There are a lot of damages. There is a lot of trash outside including a 6' x 8' pile of dog *** 

     I'm concerned now that it's a trick by her lawyer because I need to start cleaning this up....

  • 07-01-2012 1:35 PM In reply to

    Re: Unethical Behavior By Attorney

    TenantHell:

    Its a new month. Today I found the door unlocked but no note and 1 of 4 keys I gave her was on the counter. She stole  but not $1000 worth. There are a lot of damages. There is a lot of trash outside including a 6' x 8' pile of dog *** 

    Photograph every inch of the place.

    Call the police and report vandalism and theft. Prepare an itemized list of what was stolen and damaged and give it to the police. Apply values to everything, including the vandalism.

    I suggest you don't clean or fix anything by yourself. Hire somebody today to come out and give you a written price on the repairs and clean up before the police come out. Give the police that price list along with the list of stolen items (keeping copies for yourself, of course). Have the locks changed by a locksmith. Add a copy of the bill to what you give to the police. The stolen items, repair, and clean-up cost could be enough to raise the charges to a felony if you really want to get the tenant for what she did to you.

    TenantHell:
    I'm concerned now that it's a trick by her lawyer because I need to start cleaning this up....

    I would argue that the return of even 1 key is the return of the dwelling to your possession.

    Once the police are done with the visit to the house, I'd say you'd be safe in having the clean-up and repairs taken care of.

    • The right of the people 
    • to keep and bear arms,
    • shall not be infringed.
  • 07-01-2012 9:30 PM In reply to

    Re: Unethical Behavior By Attorney

    The police here did not get involved in matters like this, in fact they would yell at me for disturbing them. It is considered a civil matter unless there is $1000 worth of stuff stolen or a lot of vandalism. She left items;  a TV and 20 pieces of clothing. I thought I was required to keep them for 30 days. She was given 2 sets of 2 keys and returned 1 single only. I didn't check it to see what key it is.

    I would think her attorney would have told her to at least leave a note and return all of the keys. That's why i think it's a trap. I change the locks and throw out her stuff and I'm the villian.

     

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