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  1. #1
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    Feb 2010
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    Default Injury on Rental Property

    My question involves an injury that occurred in the state of: Idaho

    Plaintiff is deaf, 28 yr. old with 4 kids. She rents an apartment. There is a railing on the front porch. She leaned against it, it broke, she fell, landed on her head/shoulders, sustained injuries. Has ongoing medical/pt/chiro/pain pill bills.

    Management company manages apartment for a couple. The couple's address is listed as the management company's address. The management company address is listed at the recorder's office. The management company will not, or cannot give their real address, but they do give the premises surety name, who, after investigating the claim, says there is a fatal defect in coverage, and said the claim is rejected. They refuse to give the real address of their insured, or divulge what the "fatal defect" is.

    Can't find the owners. All that Plaintiff is left with, I think, is to sue them in abstentia, get a judgement, and foreclose on the rental company. What am I missing? Is there some other way to get their address to sue them directly? Can Plaintiff force the management company or the surety to give it?

    Thanks in advance for any comments.

  2. #2
    Join Date
    Jan 2006
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    Default Re: Injury on Rental Property

    All that Plaintiff is left with, I think, is to sue them in abstentia, get a judgement, and foreclose on the rental company. What am I missing?
    What are you missing? You want to show me how you can sue a person without first serving them with the complaint?


    If the management companies address is listed as the address of record, then they should be able to be served there.

  3. #3
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    Feb 2010
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    Default Re: Injury on Rental Property

    Quote Quoting jk
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    What are you missing? You want to show me how you can sue a person without first serving them with the complaint?


    If the management companies address is listed as the address of record, then they should be able to be served there.
    No, I'm asking if there are any other options for finding the people, other than serving them by publication. Are the management folks parties? Can I serve them?

  4. #4
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    Default Re: Injury on Rental Property

    Have you checked the tax records for the property?

  5. #5
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    Feb 2010
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    Default Re: Injury on Rental Property

    Quote Quoting Mr. Knowitall
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    Have you checked the tax records for the property?
    Yes, they list the management company as address.

  6. #6
    Join Date
    Mar 2008
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    1,995

    Default Re: Injury on Rental Property

    Quote Quoting warmby
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    My question involves an injury that occurred in the state of: Idaho

    Plaintiff is deaf, 28 yr. old with 4 kids. She rents an apartment. There is a railing on the front porch. She leaned against it, it broke, she fell, landed on her head/shoulders, sustained injuries. Has ongoing medical/pt/chiro/pain pill bills.

    Management company manages apartment for a couple. The couple's address is listed as the management company's address. The management company address is listed at the recorder's office. The management company will not, or cannot give their real address, but they do give the premises surety name, who, after investigating the claim, says there is a fatal defect in coverage, and said the claim is rejected. They refuse to give the real address of their insured, or divulge what the "fatal defect" is.

    Can't find the owners. All that Plaintiff is left with, I think, is to sue them in abstentia, get a judgment, and foreclose on the rental company. What am I missing? Is there some other way to get their address to sue them directly? Can Plaintiff force the management company or the surety to give it?

    Thanks in advance for any comments.
    Is the management company an LLC or corporation?? In my state, either you serve the company at it's business address or via registered agent, or via the "Secretary of State" of the state.

    What exactly is the "real address"?? If you found out the address of the manager of the "management company" where he lives, and unless you are suing him or her personally, so what?? But you can try to sue the "people in charge" of the management company personally as well for negligence.

    I cannot tell you what a "real defect" is, but I had insurance claims bounced because it was not filed within 30 days of its occurrence, or if the tenant did not notify the landlord or management company within 30 days of its' occurrence. One example I saw in this forum was someone complaining about a slip and fall on ice last winter in the month of July. So how is the adjuster supposed to check out the ice conditions in July??

    Oh, never lean on railings. I'm in NYC, and somebody fell almost 30 stories when she leaned on the balcony railing when it gave way at a hi-rise not long ago. She had more than a few sustained injuries and headaches. And that is not the first time I read of such an occurrence either.

  7. #7
    Join Date
    Jan 2006
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    Default Re: Injury on Rental Property

    Chin, they are trying to sue the owners. The thing is, the owners addresses, for taxes and ownership, appear to be the same as the management company. A quick look at the rules of service seemed to show they could be served there and to any adult, not necessarily the defendant themselves. Since that is the address they chose to use as their official address, there is no reason it should not be able to be accepted as such.

    I agree that the managers should also be included in the suit. Include everybody and let the judge toss out whomever is not a true defendant.

  8. #8
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    Mar 2008
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    Default Re: Injury on Rental Property

    Quote Quoting jk
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    Chin, they are trying to sue the owners. The thing is, the owners addresses, for taxes and ownership, appear to be the same as the management company. A quick look at the rules of service seemed to show they could be served there and to any adult, not necessarily the defendant themselves. Since that is the address they chose to use as their official address, there is no reason it should not be able to be accepted as such.

    I agree that the managers should also be included in the suit. Include everybody and let the judge toss out whomever is not a true defendant.
    I agree.

    There appears to be nothing sinister using the PM address either. If the owners live out of state, using the PM address saves them the trouble of paying for an in state registered agent if they are a corp. entity, and being a business office, makes it easier and convenient for someone to serve them. And even if they live nearby, using the PM address would make things a lot simpler, as usually most people don't hang around the house waitng for process servers, but traveling if retired, or out working.

    Also, some local ordinances may require a local contact address for owners. Here in NYC, I have to register properties over three families, and in the process, I have to provide a local address and phone number for authorities to contact in the event of emergency, and in these cases, an out of state address where the owners may live, and an out of state phone number is next to useless.

    Indeed, the PM address and phone number is exactly what is called for in these cases.

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