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-   -   So do we have a lawsuit case?? (https://www.ft86club.com/forums/showthread.php?t=27761)

beesmiff07 01-30-2013 05:21 PM

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??

GTB/ZR-1 01-30-2013 05:25 PM

Lawsuit? Over that? Really?

Asphalt~86 01-30-2013 05:26 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 05:37 PM

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

beesmiff07 01-30-2013 05:43 PM

Quote:

Originally Posted by Asphalt~86 (Post 700122)
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 06:41 PM

Quote:

Originally Posted by beesmiff07 (Post 700166)
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 06:55 PM

Quote:

Originally Posted by bakerr6 (Post 700317)
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 07:02 PM

Quote:

Originally Posted by Asphalt~86 (Post 700341)
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 07:14 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 07:18 PM

Quote:

Originally Posted by ichitaka05 (Post 700379)
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 07:40 PM

Quote:

Originally Posted by bakerr6 (Post 700317)
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 07:51 PM

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

beesmiff07 01-30-2013 07:58 PM

Quote:

Originally Posted by Calum (Post 700472)
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 07:59 PM

Quote:

Originally Posted by GTB/ZR-1 (Post 700119)
Lawsuit? Over that? Really?

This.

7thgear 01-30-2013 08:00 PM

you're whats wrong with society

those people made a mistake and you nearly chopped their heads off, and on top of that you want to sue them to make a buck, really?

shit happens man, no harm done, laugh it off, let it slide.


and your wife is paranoid? these people didn't break in, they had a fucking key key man.

you want paranoid? my wife is paranoid, she fucking believes in ghosts and shit, try dealing with on a day to day basis.



here is a tip, find a way to turn this bad experience into a funny one

7thgear 01-30-2013 08:02 PM

[ame="http://www.youtube.com/watch?v=MeXQBHLIPcw"]"Weird Al" Yankovic - I'll Sue Ya - YouTube[/ame]

beesmiff07 01-30-2013 08:05 PM

Quote:

Originally Posted by 7thgear (Post 700492)
you're whats wrong with society

those people made a mistake and you nearly chopped their heads off, and on top of that you want to sue them to make a buck, really?

shit happens man, no harm done, laugh it off, let it slide.


and your wife is paranoid? these people didn't break in, they had a fucking key key man.

you want paranoid? my wife is paranoid, she fucking believes in ghosts and shit, try dealing with on a day to day basis.

And you would be the one caught with your D*** in your hand getting fucked up...I dont stay in a safe neighborhood nor have I grew up in one to always be strapped is a must....Till you find yourself In any kind of situation where you dont know what the hell is going on and hear ppl talking then speak on the subject....And Im asking for opinions on if I should or not....You are whats wrong the this country quick to jump on assumptions

Asphalt~86 01-30-2013 08:07 PM

http://i3.kym-cdn.com/entries/icons/...t_guy_ever.jpg

bestwheelbase 01-30-2013 08:07 PM

Fortunately you have plenty of cozy worry-free sleep-filled nights to look forward to while deployed. :thumbsup:

beesmiff07 01-30-2013 08:10 PM

Quote:

Originally Posted by bestwheelbase (Post 700517)
Fortunately you have plenty of cozy worry-free sleep-filled nights to look forward to while deployed. :thumbsup:

I know right...

Kind of ignorant that few of you guys think its wrong to protect my family....thats a good look fellas

7thgear 01-30-2013 08:10 PM

Quote:

Originally Posted by beesmiff07 (Post 700511)
And you would be the one caught with your D*** in your hand getting fucked up...I dont stay in a safe neighborhood nor have I grew up in one to always be strapped is a must....Till you find yourself In any kind of situation where you dont know what the hell is going on and hear ppl talking then speak on the subject....And Im asking for opinions on if I should or not....You are whats wrong the this country quick to jump on assumptions

please explain how living in a tough neighborhood correlates to suing someone for cash?

beesmiff07 01-30-2013 08:11 PM

Quote:

Originally Posted by Asphalt~86 (Post 700514)

.....Dont get this reference

7thgear 01-30-2013 08:13 PM

Quote:

Originally Posted by beesmiff07 (Post 700527)
.....Dont get this reference

gun culture of america

Gixxersixxerman 01-30-2013 08:13 PM

As a former soldier, a family deep into the military and working closely with the army to train going over there... If you landlord using a key and walking into your house has been giving you nightmares, and making you sleep un easy... And I'm not in any way trying to be an ass... But I think you may have chosen the wrong career... I'm sorry bro.. But it's the truth

beesmiff07 01-30-2013 08:14 PM

Quote:

Originally Posted by 7thgear (Post 700526)
please explain how living in a tough neighborhood correlates to suing someone for cash?

Im not saying that im on protecting my family....if you on that topic then like I said im getting opinions and getting advice from others before I make any legal actions because im not wanting to waist time and money....Read the title of the topic...doesnt read IM BOUT TO GET PAID!!!!!

beesmiff07 01-30-2013 08:16 PM

Quote:

Originally Posted by Gixxersixxerman (Post 700533)
As a former soldier, a family deep into the military and working closely with the army to train going over there... If you landlord using a key and walking into your house has been giving you nightmares, and making you sleep un easy... And I'm not in any way trying to be an ass... But I think you may have chosen the wrong career... I'm sorry bro.. But it's the truth

Its my wife thats bothered by it the most...I was spooked the first few days...more like adrenaline pumping....Im combat not some pog

Gixxersixxerman 01-30-2013 08:17 PM

Oh.. And according to my land lord.. She just needs to give a 24hr notice to, a not on the door and usually a call... But if neither is answers she can still come into the residence.. Just because the tenant doesn't return the message doesn't mean she can't enter..

7thgear 01-30-2013 08:17 PM

Quote:

Originally Posted by beesmiff07 (Post 700537)
Im not saying that im on protecting my family....if you on that topic then like I said im getting opinions and getting advice from others before I make any legal actions because im not wanting to waist time and money....Read the title of the topic...doesnt read IM BOUT TO GET PAID!!!!!

the fact that you're getting opinions about this is what's bothering me

why are you even thinking of legal action, why is that even on your mind

beesmiff07 01-30-2013 08:18 PM

Quote:

Originally Posted by 7thgear (Post 700532)
gun culture of america

Are you against the right to bear arms?

7thgear 01-30-2013 08:22 PM

Quote:

Originally Posted by beesmiff07 (Post 700545)
Are you against the right to bear arms?

you mean the right to bear arms to keep the government honest, no i am not against that.

except i can't remember the last time any citizen of america excercised that right in the manner it was inteded for.

beesmiff07 01-30-2013 08:23 PM

Quote:

Originally Posted by Gixxersixxerman (Post 700540)
Oh.. And according to my land lord.. She just needs to give a 24hr notice to, a not on the door and usually a call... But if neither is answers she can still come into the residence.. Just because the tenant doesn't return the message doesn't mean she can't enter..

I got that part...what it was stating is that they have to wait 24hr before attempting to come in....the only time they can enter is with out notification is on an "emergency fix" and 24hr after being notified or attempted to be notified

beesmiff07 01-30-2013 08:25 PM

Quote:

Originally Posted by 7thgear (Post 700551)
you mean the right to bear arms to keep the government honest, no i am not against that.

except i can't remember the last time any citizen of america excercised that right in the manner it was inteded for.

And see thats when you jumped to conclusions on what im about....I dont own any guns and im all for the new laws thats being in placed....I feel like to own a lethal weapon is almost like a privilege...and we F'ed that up too many times over to keep that right in place.

mangostick 01-30-2013 08:27 PM

from what I got out of it, they were supposed to give you 24hours notice correct?

If that didn't happen I'd raise shit but I woudn't bother suing over it. It'll cost you more to sue than you'd recover in damages.

Shoulda just wandered down there nekkid as a J bird and asked if they wanted some tea or OJ as if you were fully clothed and they were guests. ;) That'd have taught em to give you more notice. lol

7thgear 01-30-2013 08:30 PM

Quote:

Originally Posted by beesmiff07 (Post 700557)
And see thats when you jumped to conclusions on what im about....I dont own any guns and im all for the new laws thats being in placed....I feel like to own a lethal weapon is almost like a privilege...and we F'ed that up too many times over to keep that right in place.

okay lets clear a few thigns up


a. i didn't comment on you protecting your family, you gotta do what you gotta do

b. i didn't post that picture, i merely clarified it

c. was the landlord in the WRONG, yes she was

d. can you sue her/her company, if you want to you can, if you can prove in court that it has in some way impacted the quality of your wife's mental state you can probably get a settlement if your lawyer is good

d. should you do it? NO, i think you should find a way to let it go, or help your wife let go, because while it's a most definitely an unpleasant experience it's not beyond the realm of understanding.

beesmiff07 01-30-2013 08:30 PM

Quote:

Originally Posted by mangostick (Post 700561)
from what I got out of it, they were supposed to give you 24hours notice correct?

If that didn't happen I'd raise shit but I woudn't bother suing over it. It'll cost you more to sue than you'd recover in damages.

Shoulda just wandered down there nekkid as a J bird and asked if they wanted some tea or OJ as if you were fully clothed and they were guests. ;) That'd have taught em to give you more notice. lol

I was half way naked....my wife was fully exposed lol

beesmiff07 01-30-2013 08:31 PM

Quote:

Originally Posted by 7thgear (Post 700567)
okay lets clear a few thigns up


a. i didn't comment on you protecting your family, you gotta do what you gotta do

b. i didn't post that picture, i merely clarified it

c. was the landlord in the WRONG, yes she was

d. can you sue her/her company, if you want to you can, if you can prove in court that it has in some way impacted the quality of your wife's mental state you can probably get a settlement if your lawyer is good

d. should you do it? NO, i think you should find a way to let it go, or help your wife let go, because while it's a most definitely an unpleasant experience it's not beyond the realm of understanding.

And thank you...thats all I was looking for

Gixxersixxerman 01-30-2013 08:45 PM

Quote:

Originally Posted by beesmiff07 (Post 700553)
I got that part...what it was stating is that they have to wait 24hr before attempting to come in....the only time they can enter is with out notification is on an "emergency fix" and 24hr after being notified or attempted to be notified

My apologies on my poor comprehension skills.. I misread and was under the impression of she gave you 24 hours on a message.. 24 hrs later called again then 2 hours later showed up.. My fault.. I reread.. :bonk:

beesmiff07 01-30-2013 08:49 PM

Quote:

Originally Posted by Gixxersixxerman (Post 700599)
My apologies on my poor comprehension skills.. I misread and was under the impression of she gave you 24 hours on a message.. 24 hrs later called again then 2 hours later showed up.. My fault.. I reread.. :bonk:

Yea....there excuse was that normally ppl renters would be at work and it would be fine to walk in....im thinking she told the potential buyer it was cool to see it that day expecting us gone working since we didnt answer her call and had a oh shit moment when she seen our vehicle and acted on instinct to go ahead and make an atrempt....the woman clearly jumped the gun

Sent from my SGH-T999 using Tapatalk 2

mangostick 01-30-2013 08:50 PM

It does suck.. unfortunately other than be extremely frank about your displeasure with her actions there isn't really much you can do.

Call it paranoia if you will, but I live in a "nice" neighborhood and even still two weeks after I moved in some doucher tried to break in while I was home. I scared him off, but it took the police 6 minutes at 330 am to get to my house. That's enough time for a world of crap to go down. I can see exactly why the OP was a bit hyped up. I was full on ready to do battle and the guy never even got into the house. (Imagine his surprise when I knocked on the window he was at and all he saw in the moonlight was the barrel of a shotgun :D ) I'm quite satisfied that he fled. Better for him, better for me.

The problem is that this wasn't a break in.. and though she was wrong as hell.. you'd really have a hard time getting anything but a hard time out of them. Its not worth the effort. Appease the Wifey by checking all the windows n doors.. keeping them locked at all times and maybe putting up a motion detector outside the door that rings a chime inside (like retail stores have) that way you get "some" sort of warning.

I can def see and understand her apprehension. What if you weren't there and she was in the shower?? Talk about vulnerable feeling.. yikes.

beesmiff07 01-30-2013 09:00 PM

Quote:

Originally Posted by mangostick (Post 700610)
It does suck.. unfortunately other than be extremely frank about your displeasure with her actions there isn't really much you can do.

Call it paranoia if you will, but I live in a "nice" neighborhood and even still two weeks after I moved in some doucher tried to break in while I was home. I scared him off, but it took the police 6 minutes at 330 am to get to my house. That's enough time for a world of crap to go down. I can see exactly why the OP was a bit hyped up. I was full on ready to do battle and the guy never even got into the house. (Imagine his surprise when I knocked on the window he was at and all he saw in the moonlight was the barrel of a shotgun :D ) I'm quite satisfied that he fled. Better for him, better for me.

The problem is that this wasn't a break in.. and though she was wrong as hell.. you'd really have a hard time getting anything but a hard time out of them. Its not worth the effort. Appease the Wifey by checking all the windows n doors.. keeping them locked at all times and maybe putting up a motion detector outside the door that rings a chime inside (like retail stores have) that way you get "some" sort of warning.

I can def see and understand her apprehension. What if you weren't there and she was in the shower?? Talk about vulnerable feeling.. yikes.

Exactly!!!....hell what if we was having sex lol...that would had very awkward lol. ..we do have a chime on the door thats how I knew someone was in the house...we have an alarm system...I didn't want it. .thought it was just an extra bill...but she felt like we really needed one...now it adds fuel to that argument lol

Sent from my SGH-T999 using Tapatalk 2


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