Monday, August 8, 2011
Small claim: how can I inform I'm not liable?
We have a rented apartment. Our tenant is really responsible. The leasing agreement has a clause that specifically says that it is tenant's responsibility all appliances repairs in case of needed. Now it seems that our tenant had a problem with a repair performed to a dryer machine which is part of the apartment, and the guy brought our tenant to small court for the first time and didn't showed up, so the case was ‘dismissed without prejudice’ which means he could set a new claim. Now he is bringing my tenant to small court for the second time but he included me and my spouse on it, and also he placed a lean on the property. We know that my tenant has enough proof that the repair wasn't done at all, so we do not have problems with our tenant, we do believe on her and we could actually see that she is right. But the date the three of us have to go to court (april 4th) my husband and I will be out of the country. Besides that, we don’t really want to be bothered by something that we don’t have any responsibility. The small court is located in Burbank CA. What should my husband and I suppose to do in order to avoid going to court with no risk? Should we contact somebody at court with the leasing agreement copy to show that it is a problem between the technician and our tenant? Should we submit it to some place? Should it be enough that my tenant goes to court that date with the leasing contract in order the judge get proof that we are not involved in the matter? We don't want to have a court problem, but we are not able to cancel our trip either... and we don’t want to be involved… so what to do? Some place/website to call or visit to get information about next steps with no risk to lose the case and redirect it to our tenant alone? Thanks
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