HtownWxBoy Posted September 18, 2008 Share Posted September 18, 2008 Not sure where this topic would fit so I will just put it here..I own a condo in the Medical Center that I rent out. It suffered extensive damage from Ike... roof leaked and water damaged portions of the walls and carpet. A new roof has already been put on and most of the drywall hat suffered damage has been brought down. Most of the damage is in the one room where the living room and dining room is located... carpet also had to be ripped up. Obviously it's an inconvenience to my tenant, though she does have power and has had power for days. She is upset that the living room had to be cleared out and the stuff moved to her bedroom so the place can be worked on. The condo, however, is safe to live in... there are no "hazards" that could cause harm... it's just a bit messy w/ the furniture having to be moved and it doesn't look the best w/ the drywall in the living room gone. They will begin putting the new drywall in early next week once they finish tests for moisture and the roof has already been fixed so there will not be any more leaks if it rains. She wants to be reimbursed for all of the days she says she "can't" live there when really it's that she "doesn't want" to live there. Any advice? I would gladly reimburse her if, by law, I am required too. I told her to point out any hazards and she can only say that she can't use the living room and her bedroom has lots of stuff in it. I just don't know if I am and everyone I talk to says I am not since she can still safely live there while it's being worked on. Is the fact that she can't use the living room right now a reason to reimburse? Link to comment Share on other sites More sharing options...
jm1fd Posted September 18, 2008 Share Posted September 18, 2008 I don't know about the legality of it, but if she's a long term tenant and you want to keep her happy then do it. If she's a pain in the ass, you're not required to, and you want her gone after the lease is up then don't. Simple as that. Link to comment Share on other sites More sharing options...
HtownWxBoy Posted September 18, 2008 Author Share Posted September 18, 2008 I don't know about the legality of it, but if she's a long term tenant and you want to keep her happy then do it. If she's a pain in the ass, you're not required to, and you want her gone after the lease is up then don't. Simple as that.She has been a tenant for a year and has been a great tenant... until now... now she is being a whiny little **tch and has even made a note to mention that her boyfriend is a lawyer... I have already talked to him and he has been easier to deal w/ then her. I personally went in and moved her stuff so the guys could work... went their after they begun working to clean... including washing her curtains and couch pillow mattresses that got wet... my boyfriend put up tarps around her kitchen to protect it from dust and stuff (she was upset about the tarps) and he even washed her dishes that were in the sink.Her boyfriend, the lawyer, now says that I need to reimburse her b/c part of her apartment is "not able to be lived in" because they are obviously doing work on it. Is this true? I would GLADLY reimburse her if, by law, I have to... I was even going to reimburse her out of the goodness of my heart until she started being a **tch. Now I don't want to unless I am required to... am I? Link to comment Share on other sites More sharing options...
sowanome Posted September 18, 2008 Share Posted September 18, 2008 I am having the same issue with my rental, but not to that extent. Htown, Can you send me your roofer's contact information b/c my place is also in need of repair? I actually read somewhere that a place has to truly be "Unlivable or Uninhabitable" according to insurance and that $ if reimbursed to you can reimbursed to her by law...Therefore, if you are a stickler like insurance companies it would take proof to show that there isn't power, a roof and the bare essentials (i.e. water) available. Like the previous post, if they are there for the long term, I'd consider it. However, if you had to cover most of the repair costs out of pocket (based on deductible) in order to protect your investment and also your tenant's well being...That's a hard call.When you send the roofer's contact info, can you also tell me the price range of what you've spent and how much work was done? Link to comment Share on other sites More sharing options...
HtownWxBoy Posted September 18, 2008 Author Share Posted September 18, 2008 I am having the same issue with my rental, but not to that extent. Htown, Can you send me your roofer's contact information b/c my place is also in need of repair? I actually read somewhere that a place has to truly be "Unlivable or Uninhabitable" according to insurance and that $ if reimbursed to you can reimbursed to her by law...Therefore, if you are a stickler like insurance companies it would take proof to show that there isn't power, a roof and the bare essentials (i.e. water) available. Like the previous post, if they are there for the long term, I'd consider it. However, if you had to cover most of the repair costs out of pocket (based on deductible) in order to protect your investment and also your tenant's well being...That's a hard call.When you send the roofer's contact info, can you also tell me the price range of what you've spent and how much work was done?I don't have the roofers information... the insurance is covered through my home owners association so they are taking care of everything including hiring the workers. Link to comment Share on other sites More sharing options...
sowanome Posted September 18, 2008 Share Posted September 18, 2008 Wow, you must have really had some significant damage...One tip that I can give you is to Read that large insurance printout (15-20 pgs.) that includes information about wind/hurricane/cyclone damage, and it will clearly define what makes a place uninhabitable.Hope that helps.. Link to comment Share on other sites More sharing options...
BryanS Posted September 18, 2008 Share Posted September 18, 2008 On the TREC rental forms... there is a section that covers loss of use of the property. You adjust the rent based on livable living space. So if a bedroom is damaged, rent is reduced by $/sq ft until that space is livable again. If the damage is too extensive, and the tenant must vacate the place, the lease can be broken to free up the renter to find another home and the owner to fix the place. Look at TREC rental forms... If you don't have the TREC verbiage in your contract... you could be in a gray area. Link to comment Share on other sites More sharing options...
HtownWxBoy Posted September 18, 2008 Author Share Posted September 18, 2008 Wow, you must have really had some significant damage...One tip that I can give you is to Read that large insurance printout (15-20 pgs.) that includes information about wind/hurricane/cyclone damage, and it will clearly define what makes a place uninhabitable.Hope that helps..Damage was bad... but they are already fixing it and the place is definitely livable.. I would rather be there than my home which has no power. Link to comment Share on other sites More sharing options...
editor Posted September 18, 2008 Share Posted September 18, 2008 Any advice? I would gladly reimburse her if, by law, I am required too.I got flooded a couple of apartments ago (25th floor -- a standpipe on the roof exploded) and the kitchen and living room were soaked. My landlord paid to put us up in a hotel for three days while the place was repaired, which included replacing the carpet, sheetrock in the hallway, and steam cleaning a couch. I'm not saying that's what's required by law -- just my experience as a tenant who was flooded. Link to comment Share on other sites More sharing options...
HtownWxBoy Posted September 18, 2008 Author Share Posted September 18, 2008 I got flooded a couple of apartments ago (25th floor -- a standpipe on the roof exploded) and the kitchen and living room were soaked. My landlord paid to put us up in a hotel for three days while the place was repaired, which included replacing the carpet, sheetrock in the hallway, and steam cleaning a couch. I'm not saying that's what's required by law -- just my experience as a tenant who was flooded.I would do something like that if her place was still flooded but it's not... take away the living room which is being worked on and she has a kitchen, bedroom and bath room which is like a hotel room in itself. Link to comment Share on other sites More sharing options...
jm1fd Posted September 18, 2008 Share Posted September 18, 2008 This should help...a lot.... http://blogs.chron.com/ikeanswers/2008/09/post_24.html Link to comment Share on other sites More sharing options...
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