Rent Abatement
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Rent Abatement (by Andrey [VA]) Feb 13, 2010 8:10 AM
       Rent Abatement (by Josh [CA]) Feb 13, 2010 8:32 AM
       Rent Abatement (by Andrey [VA]) Feb 13, 2010 8:41 AM
       Rent Abatement (by James [MA]) Feb 13, 2010 8:55 AM
       Rent Abatement (by in [IN]) Feb 13, 2010 11:38 AM
       Rent Abatement (by Wallace CPM [VA]) Feb 13, 2010 11:56 AM
       Rent Abatement (by RJ [WI]) Feb 13, 2010 12:06 PM
       Rent Abatement (by RR [WA]) Feb 13, 2010 12:41 PM
       Rent Abatement (by Andrey [VA]) Feb 13, 2010 1:12 PM
       Rent Abatement (by Robert J [CA]) Feb 13, 2010 1:55 PM
       Rent Abatement (by BRAD_IN 20,000 [IN]) Feb 13, 2010 7:24 PM
       Rent Abatement (by Lori [NV]) Feb 13, 2010 7:44 PM


Rent Abatement (by Andrey [VA]) Posted on: Feb 13, 2010 8:10 AM
Message:

My condo was flooded and tenants were temporary moved to a hotel room (paid by insurance company). Tenants refused to pay the rent claiming he did not have possession of the property. Since tenants were placed in a temporary housing without any expense to them, I can expect to receive the rent ? --64.241.xx.xxx




Rent Abatement (by Josh [CA]) Posted on: Feb 13, 2010 8:32 AM
Message:

Maybe yes maybe no.

Did your insurance cover the hotel room?

Did the tenants renters insurance cover the hotel room?

What does your lease/rental agreement say?

--24.176.xxx.xx




Rent Abatement (by Andrey [VA]) Posted on: Feb 13, 2010 8:41 AM
Message:

(1) Did your insurance cover the hotel room?

- No

(2) Did the tenants renters insurance cover the hotel room?

- General Contractor (hired by the condo association) who caused the problem (flood) would be paying for my tenant's hotel room.

(3)What does your lease/rental agreement say?

- I do have a standard rent abatement clause stating abatement of rent corresponding to unit untenantable..

- but does not state anything about what happens if tenants were placed in a temporary housing..

--64.241.xx.xxx




Rent Abatement (by James [MA]) Posted on: Feb 13, 2010 8:55 AM
Message:

Since the lease is silent on the issue, they are entitled to an abatement per the lease. Change the lease to address this situation in the future. --70.22.xxx.xxx




Rent Abatement (by in [IN]) Posted on: Feb 13, 2010 11:38 AM
Message:

My condo was flooded and tenants were temporary moved to a hotel room (paid by insurance company)

Yes, since their other place was paid for your by your premiums. --67.163.xx.xx




Rent Abatement (by Wallace CPM [VA]) Posted on: Feb 13, 2010 11:56 AM
Message:

You are entitled to rent unless the property was condemned --64.12.xxx.xx




Rent Abatement (by RJ [WI]) Posted on: Feb 13, 2010 12:06 PM
Message:

If the tenant wants to be a donkey over this issue, you can be one back. If your lease says they dont need to pay rent if untenantable then you should push it a little farther and see if your unit can be considered uninhabitable. If you can do that, the lease is void and since the tenants are on record as not even living there anymore, all you have to do is change locks and follow state laws for junk left behind. You can further establish their residency at the motel by sending them a certified letter, make sure to keep the signature where they signed for it.

When the problems is fixed, rent to somebody else. These kind of people really grind my gears, expecting to line their own pockets due to an accident. It makes dealing with a tough situation all the worse. I would NEVER allow these people to stay, the very first chance I got to remove them, they would be out. --71.98.xx.xx




Rent Abatement (by RR [WA]) Posted on: Feb 13, 2010 12:41 PM
Message:

general contractor or his insurance should pay you

dinging the tenant for this is somewhat of a grey area since they were displaced. How many days are we talking about? --97.126.x.xx




Rent Abatement (by Andrey [VA]) Posted on: Feb 13, 2010 1:12 PM
Message:

It happened 30 days ago, but We terminated our lease starting this month, so I am not in the time pressure to repair. I was hoping that I can apply a similar Virginia code for Mold Remediation situation listed below. Tenants had to relocate, so that Servpro (contractor hired to mitigate water damage and prevent mold growth).

From Virgina Code:

§ 55-248.18:2. Relocation of tenant where mold remediation needs to be

performed in the dwelling unit.

Where a mold condition in the dwelling unit materially affects the health or safety of any tenant or authorized occupant, the landlord may require the tenant to temporarily vacate the dwelling unit in

order for the landlord to perform mold remediation in accordance with professional standards as defined in § 55-248.4 for a period not to exceed 30 days. The landlord shall provide the tenant with either (a)

a comparable dwelling unit, as selected by the landlord, at no expense or cost to the tenant, or (b) a hotel room, at no expense or cost to the tenant. The tenant shall continue to be responsible for payment of

rent under the rental agreement during the period of any temporary relocation. The landlord shall pay all costs of the mold remediation, unless the mold is a result of the tenant's failure to comply with §

55-248.16. --68.84.xxx.xxx




Rent Abatement (by Robert J [CA]) Posted on: Feb 13, 2010 1:55 PM
Message:

I had a simular situation. When my tenants were give another place to stay, free of charge, they were required to pay rent. When the tenants stayed with family or friends, then they were not required to pay rent when the unit was in repair.

Some insurance policy's pay for loss of use, so you can't collect rent and from the insurance company for the same time period.

--98.119.xxx.xx




Rent Abatement (by BRAD_IN 20,000 [IN]) Posted on: Feb 13, 2010 7:24 PM
Message:

I say yes, because you continued to supply their housing needs.

Whether you or the insurance paid for the room is irrelevant to the tenant. Their needs are being met. However, a do think some consideration is appropriate. A motel room is not as comfortable as a condo.

Don't forget utiltities. When we had a flood, the retoration people cranked up the heat, ran several dehumdifiers and fans for 10 days. Insurance gave tenants a check for the difference.

Looking back, it would have been cheaper and quicker to yank all carpet and pad, and the lower 4' of drywall. --69.243.xxx.xx




Rent Abatement (by Lori [NV]) Posted on: Feb 13, 2010 7:44 PM
Message:

I agree with Brad on the carpet issue. Had a flood about 5 years ago. The carpet was not replaced but it was never the same even though new pad was put down. It's cheaper in the long run just to replace it. --74.45.xx.xxx





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