So do we have a lawsuit case?? - Toyota GR86, 86, FR-S and Subaru BRZ Forum & Owners Community

beesmiff07 · 01-30-2013, 04:21 PM

So let me know if I have a potential case on my hands...

So im deploying soon and I put my 30 day notice in...Our lease on our townhome says that they have to give me 24hr notice to have a potential buyer check out the place...and if they dont get into contact within that 24hr period they can enter without say....while me and y wife were sleeping they gave us a phone call from a private number and left a message...we never got it because we were sleeping...two hours later I hear our alarm go off and then hear ppl talking....I hop up grabbed my machete and ran downstairs to see the leaser and a potential buyer halfway in the door...our exchange of words weren't very heated but stern...(she had the nerve to ask me "so can we still view the place") So Im not gonna lie me and my wife have been very paranoid and she have been having bad dreams about it and making me get up in the middle of the night to check windows and doors.

So do we have a case on invading privacy and breach of contract??

GTB/ZR-1 · 01-30-2013, 04:25 PM

Lawsuit? Over that? Really?

Asphalt~86 · 01-30-2013, 04:26 PM

You won't have a breach of contract, and the damage would be very negligible. You would be looking at more fees in court costs and hiring an attorney than what it is worth.

Since they will say calling was their attempt at giving notice and you didn't respond that is the issue. Regardless of if they call private or by a 1-800 number is pretty unimportant. You could also possible run into the agent or the party touring the house filing assault charges because you ran down stairs with a machete and they felt "threatened with life or limb due to reasonable cause".

leon78 · 01-30-2013, 04:37 PM

Murder case....should have killed the bitch.

beesmiff07 · 01-30-2013, 04:43 PM

Quote:

Originally Posted by Asphalt~86

You won't have a breach of contract, and the damage would be very negligible. You would be looking at more fees in court costs and hiring an attorney than what it is worth.

Since they will say calling was their attempt at giving notice and you didn't respond that is the issue. Regardless of if they call private or by a 1-800 number is pretty unimportant. You could also possible run into the agent or the party touring the house filing assault charges because you ran down stairs with a machete and they felt "threatened with life or limb due to reasonable cause".

you dont think it will fall into me protecting my family from what i think is an intruder

bakerr6 · 01-30-2013, 05:41 PM

Quote:

Originally Posted by beesmiff07

you dont think it will fall into me protecting my family from what i think is an intruder

Depends on the state laws. I can't pull a weapon on someone entering my house without probable cause (they have to have a weapon also)

Asphalt~86 · 01-30-2013, 05:55 PM

Quote:

Originally Posted by bakerr6

Depends on the state laws. I can't pull a weapon on someone entering my house without probable cause (they have to have a weapon also)

This.

They came in for a house showing with no intentions of causing harm. You went down stairs with a machete with intent to cause harm if provoked.

beesmiff07 · 01-30-2013, 06:02 PM

Quote:

Originally Posted by Asphalt~86

This.

They came in for a house showing with no intentions of causing harm. You went down stairs with a machete with intent to cause harm if provoked.

I think the statment can be challenged...thats what lawyers are for...Im just wanting to know if it would even be worth the time to make a big deal bout it.

ichitaka05 · 01-30-2013, 06:14 PM

I wish, I could say you have a case... but like Asphalt has stated, it'll cost you more for fees in court costs and hiring an attorney than what it is worth.

BUT if you feel it's worth your time & money, we won't stop you.

These kind of cases, I'm glad, I live in house

beesmiff07 · 01-30-2013, 06:18 PM

Quote:

Originally Posted by ichitaka05

I wish, I could say you have a case... but like Asphalt has stated, it'll cost you more for fees in court costs and hiring an attorney than what it is worth.

BUT if you feel it's worth your time & money, we won't stop you.

These kind of cases, I'm glad, I live in house

I know....sucks

Dave-ROR · 01-30-2013, 06:40 PM

Quote:

Originally Posted by bakerr6

Depends on the state laws. I can't pull a weapon on someone entering my house without probable cause (they have to have a weapon also)

He didn't do anything. There are no laws against carrying a machete around your house. You have to actually do something to get charged with assault. Being prepared for an armed intruder by approaching someone who you believe (reasonably) is an intruder with a weapon isn't assault. If on the other hand he used the weapon, you'd have assault potentially. In Florida you'd be just fine. It's really easy to claim that you felt your life was being threatened when you wake up to your alarm going off and unknown people in your house.. Stand your ground law FTW IMO.

Not worth going after breach of contract IMO even though they did violate their own contract.

Calum · 01-30-2013, 06:51 PM

It was a misunderstanding. No harm came of it. Live and let live.

beesmiff07 · 01-30-2013, 06:58 PM

Quote:

Originally Posted by Calum

It was a misunderstanding. No harm came of it. Live and let live.

I wouldnt say a miss understanding...our cars were in the assigned parking spots...she didnt even think to give us a call to let us know she was outside...I felt like it was them being greedy and trying to rush to get the house sold so they wont lose money if it wasnt sold by the time that we left....and you cant argue that she didnt know because we have assigned parking spots....It was very unprofessional...and the nerve to ask to still show the house....getting upset all over again

Hardrock4445 · 01-30-2013, 06:59 PM

Quote:

Originally Posted by GTB/ZR-1

Lawsuit? Over that? Really?

This.

01-30-2013, 04:21 PM	#1
beesmiff07 Senior Member Join Date: Jan 2013 Drives: Trailblazer Location: Colorado Springs Posts: 118 Thanks: 32 Thanked 16 Times in 14 Posts Mentioned: 0 Post(s) Tagged: 0 Thread(s)	So do we have a lawsuit case?? So let me know if I have a potential case on my hands... So im deploying soon and I put my 30 day notice in...Our lease on our townhome says that they have to give me 24hr notice to have a potential buyer check out the place...and if they dont get into contact within that 24hr period they can enter without say....while me and y wife were sleeping they gave us a phone call from a private number and left a message...we never got it because we were sleeping...two hours later I hear our alarm go off and then hear ppl talking....I hop up grabbed my machete and ran downstairs to see the leaser and a potential buyer halfway in the door...our exchange of words weren't very heated but stern...(she had the nerve to ask me "so can we still view the place") So Im not gonna lie me and my wife have been very paranoid and she have been having bad dreams about it and making me get up in the middle of the night to check windows and doors. So do we have a case on invading privacy and breach of contract??

01-30-2013, 04:25 PM	#2
GTB/ZR-1 Senior Member Join Date: Oct 2012 Drives: '13 BRZ in WRB--let's mod!!! Location: Central, FL Posts: 1,224 Thanks: 317 Thanked 449 Times in 262 Posts Mentioned: 0 Post(s) Tagged: 0 Thread(s)	Lawsuit? Over that? Really? __________________ * ‘23 Corolla GR—AutoX/DE toy * '13 Toyobaru P&L Turbo WRB BRZ SCCA XS-A build starting. SOLD * '22 Z51 Vette--sold. * '09 Nissan GT-R--gone, but not forgotten... 10.63 @ 131+ on streeties. * '90 ZR-1 11.0 @ 130.2 & 11.2 @ 132.4 sprayed 120 shot.

01-30-2013, 04:37 PM	#4
leon78 Senior Member Join Date: Jan 2013 Drives: 13 Whiteout Location: Niceville FL Posts: 666 Thanks: 307 Thanked 241 Times in 142 Posts Mentioned: 23 Post(s) Tagged: 1 Thread(s)	Murder case....should have killed the bitch. __________________ 2013 Scion FR-S (Whiteout) GunMetal 16x8+25 Enkei CompE_Cusco OCC_ Kartboy Crank Pulley_Kartboy TMM insert_Koni Yellows_RCE Springs_K&N Drop-In_Eibach FSB_J2 Catless FP_WhiteLine Camber Bolts_NameLess Track Pipe_RBF600_Ferodo DS2500_PTUNING Tuned. Less parking more racing

01-30-2013, 06:14 PM	#9
ichitaka05 Site Moderator Join Date: Oct 2009 Drives: ichi 86 Project Location: Middle of No where Posts: 20,966 Thanks: 7,664 Thanked 19,052 Times in 8,327 Posts Mentioned: 677 Post(s) Tagged: 27 Thread(s)	I wish, I could say you have a case... but like Asphalt has stated, it'll cost you more for fees in court costs and hiring an attorney than what it is worth. BUT if you feel it's worth your time & money, we won't stop you. These kind of cases, I'm glad, I live in house __________________

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01-30-2013, 04:26 PM	#3
Asphalt~86 Banned Join Date: Oct 2012 Drives: Asphalt AT Location: Midwest Posts: 813 Thanks: 324 Thanked 608 Times in 262 Posts Mentioned: 10 Post(s) Tagged: 0 Thread(s)	You won't have a breach of contract, and the damage would be very negligible. You would be looking at more fees in court costs and hiring an attorney than what it is worth. Since they will say calling was their attempt at giving notice and you didn't respond that is the issue. Regardless of if they call private or by a 1-800 number is pretty unimportant. You could also possible run into the agent or the party touring the house filing assault charges because you ran down stairs with a machete and they felt "threatened with life or limb due to reasonable cause".

01-30-2013, 06:51 PM	#12
Calum That Guy Join Date: Dec 2011 Drives: 2013 asphalt FRS MT Location: Halifax, Nova Scotia Posts: 4,865 Thanks: 5,058 Thanked 2,867 Times in 1,499 Posts Mentioned: 82 Post(s) Tagged: 1 Thread(s)	It was a misunderstanding. No harm came of it. Live and let live.

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