WHAT TO DO WHEN YOU ARE SUED
09-02-2025
LAWSUIT
09-02-2025
OFTEN THE TENANT WILL SUE YOU OR THE PROPERTY MANAGEMENT COMPANY ON A SECURITY DEPOSIT DISPUTE RATHER THAN SUING THE PROPERTY OWNER
- Technically, AND especially if the HWW Lease is used, the Tenant is to only sue the Property Owner rather than the Property Manager or Property Management company.
- Tenants often sue the Property Manager or Property Management company improperly.
- If the Tenant sues the Property Manager or the Property Management company, a MOTION TO DISMISS can be filed and there can be one of three results.
- The Judge may dismiss the case OR
- The Judge may dismiss the case and tell the Tenant to sue the Property Owner OR
- The Judge may leave the Property Manager or Property Management company in the lawsuit and tell the Tenant to also sue the Property Owner.
- If a MOTION TO DISMISS is filed, while you may get your company out of the lawsuit AFTER A HEARING ON THE MOTION, the Tenant simply amends (the judge often allows this) or files a new lawsuit so you often will have accomplished little.
- The KEY to success is to try to settle the case to avoid time wasted in court and attorney’s fees.
- If you or your Property Management company is sued in a Security Deposit lawsuit, you MUST take action right away if you wish that we try to have you or your Property Management company dismissed from the case.
IF A LAWSUIT IS FILED AGAINST YOUR PROPERTY OWNER, YOU OR YOUR PROPERTY MANAGEMENT COMPANY, AND THE TENANT HAS AN ATTORNEY, THE STAKES ARE HIGH.
ALWAYS CONTACT OUR OFFICE THE MOMENT YOUR PROPERTY OWNER, YOU OR YOUR PROPERTY MANAGEMENT COMPANY IS SUED NO MATTER HOW UNFAIR OR RIDICULOUS THE LAWSUIT MAY SEEM.
LAW OFFICES OF HEIST, WEISSE & WOLK, PLLC
“Serving the Property Management Professional”
www.evict.com www.evicttv.com www.evictforms.com info@evict.com


- STORM
- SALE
- PETS
- RENT
- LEASE
- EVICTIONS
- LIABILITY
- LEAD
- ABANDONMENT
- DEATH
- DEPOSIT
- EVICTION
- APPLICATION
- BANKRUPTCY
- ATTORNEYS FEES
- ADVANCE RENT
- DEPOSITS
- RENTAL FURNITURE
- FLOOD
- FIRE
- LIABILITY AVOIDANCE
- CARPET
- NONCOMPLIANCE
- ACCESS
- PET DEPOSIT
- EARLY TERMINATION
- CORPORATE TENANTS
- SATELLITE DISHES
- RENEWING A LEASE
- REMOVING A TENANT FROM A LEASE
- REFERRAL FEES
- LEASE BREAK
- CORPORATE TENANT
- APPLICATION AND SCREENING
- LAWSUIT
- LEASE SIGNING
- NOTICE SERVING
- REPAIRS
- NONCURABLE NONCOMPLIANCE
- TENANT PAINTING
- LEASE BREAKS
- TENANT DEATH
- ATTICS
- UNAUTHORIZED OCCUPANTS
- TAX LIENS
- SUBLETTING
- SQUATTERS
- LEASE SIGNING AND POA
- SHOWINGS
- CREDIT REPORT
- NONRENEWAL
- ESA AND SERVICE ANIMALS
- SECURITY DEPOSIT REFUNDING
- SCREENS AND WINDOWS
- RENT ABATEMENT
- RENEWAL CONFIRMATION
- REMOVING A TENANT
- PROCESS SERVER
- PRESSURE WASHING
- PREPAID - ADVANCE RENT
- PRE AND POST CLOSING OCCUPANCY
- PERSONAL PROPERTY
- DEPOSIT FUNDS
- NSF CHECKS
- MOLD
- NOTICES
- INSURANCE
- HVAC
- HOT TUB
- HOMESTEAD
- SECURITY DEPOSITS
- FIREPLACE
- SAFETY
- DOG BITES
- DISCLOSURE
- NONCOMPLIANCES
- CORPORATIONS
- LATE RENT
- CARBON MONOXIDE
- ASSOCIATIONS
- AIR CONDITIONING
- POOLS
- RELEASES
- FICTITIOUS NAMES
- SUING AND COLLECTIONS
- COLLECTIONS AND SUING
- YOUR TENANT SERVED YOU WITH A 7 DAY NOTICE - WHAT DOES THE TENANT WANT?
- WHAT DOES THE TENANT WANT?
- VERBAL AGREEMENTS
- TERMINATING DUE TO A MAJOR REPAIR NEED
- TERMINATING DUE TO MOLD