 Can I avoid an eviction? (by Nancy [IN]) Jun 2, 2011 2:17 PM
 Can I avoid an eviction? (by Nancy [IN]) Jun 2, 2011 2:27 PM
Can I avoid an eviction? (by OPM [OR]) Jun 2, 2011 3:04 PM
Can I avoid an eviction? (by Ken [NY]) Jun 2, 2011 3:17 PM
Can I avoid an eviction? (by Nancy [IN]) Jun 2, 2011 3:34 PM
Can I avoid an eviction? (by allin [VA]) Jun 2, 2011 5:47 PM
Can I avoid an eviction? (by Nancy [IN]) Jun 2, 2011 7:03 PM
Can I avoid an eviction? (by Virden [OH]) Jun 4, 2011 3:58 AM
Can I avoid an eviction? (by Nancy [IN]) Jun 4, 2011 12:28 PM
Can I avoid an eviction? (by Nancy [IN]) Jun 4, 2011 12:33 PM
Can I avoid an eviction? (by Nancy G [IN]) Jun 4, 2011 1:07 PM
Can I avoid an eviction? (by Nancy [IN]) Posted on: Jun 2, 2011 2:17 PM
Message:
State Specific Question About: INDIANA (IN)
--24.14.xx.xxx |
Can I avoid an eviction? (by Nancy [IN]) Posted on: Jun 2, 2011 2:27 PM
Message:
I have a tenant that is not happy at all due to an explosion of the water heater from the apartment above them. These are now legally condos and I own one of them. I certainly understand her frustration. I had insisted on her getting renters insurance, so she's been covered through that for the last week or so on her hotel bill while the place was not habitable. Now that the place is dry and they are putting up the drywall her insurance company says it's habitable until perhaps they do the muding and sanding. She wants me to reimburse their rent but my insurance will not help me on that as they also say it's habitable....I feel for them but I have to go along with what they say. My concern is that the lease is up August 22nd and I want to sell it and get out of this rental situation. What can I do to avoid an unpleasant eviction to get her out as I she says she has no money! --24.14.xx.xxx |
Can I avoid an eviction? (by OPM [OR]) Posted on: Jun 2, 2011 3:04 PM
Message:
Hi Nancy...
Ah the axiom in the LL business is
'expect the unexpected'
Well your rental agreement and the statute in the state, or a judges rulilng will determine habitability.. not the tenants.
The insurance co is in the drivers seat.. and you should have wording and a clasue in your agreement to protect you...
such as;
HABITABILITY IS DETERMINED BY STATUTE, OR BY CIVIL AUTHORITIES, OR THE LANDLORD.
HABITABILITY IS NOT DETERMINED BY THE TENANT/S, OR SUBJECT TO THE TENANTS PERSONAL INTERPRETATION OF MATTERS SUCH AS SOUNDS, SMELLS, REPAIRS, NEIGHBORS, OR ANY USUAL ACTIVITIES RELATING TO RESIDENCY.
LOSS & DAMAGE:
LANDLORD SHALL NOT BE LIABLE FOR LOSS CAUSED BY LACK OR LOSS OF; HEAT, REFRIGERATION, BELONGINGS, OR OTHER SERVICES ARISING OUT OF ANY ACCIDENT, ACT OF GOD, OR ANY OCCURRENCE BEYOND THE DIRECT CONTROL OF THE LANDLORD.
THE TENANTS, IT IS AGREED SHALL BE LIMITED TO THE REMEDIES OUTLINED IN THE STATUTE OR AS ORDERED BY THE COURT.
--75.139.xxx.xx |
Can I avoid an eviction? (by Ken [NY]) Posted on: Jun 2, 2011 3:17 PM
Message:
Assuming there are building permits on the job I would think the final determination would be made by the code enforcement officer. --67.252.xx.xx |
Can I avoid an eviction? (by Nancy [IN]) Posted on: Jun 2, 2011 3:34 PM
Message:
Thanks! The building is eight years old as are the water heaters and were inspected and approved before the purchases from the builders. I am told there is a possibility that my insurance co may go after the Hot Water Company IF there is negligence. That still doesn't help them now, if it were unintentional. Anyhow hoping to sell my unit by August 2011, guess I'll have to accept a discounted price....assuming I can do something now to assure they leave by the 22nd of August...... --24.14.xx.xxx |
Can I avoid an eviction? (by allin [VA]) Posted on: Jun 2, 2011 5:47 PM
Message:
Tell them that you will return their SD if they leave now. Don't give it to them until they are out. That way the place will be nice a new looking for you to sell it. Don't pay for anything the insurance is not going to pay for except for prorated rent for the time it is not livable.
Just some thoughts. --67.211.xxx.xxx |
Can I avoid an eviction? (by Nancy [IN]) Posted on: Jun 2, 2011 7:03 PM
Message:
Hey Allin...I like this!! --24.14.xx.xxx |
Can I avoid an eviction? (by Virden [OH]) Posted on: Jun 4, 2011 3:58 AM
Message:
Has this person filed a health insurance claim if they are unable to deal with moisture - me has to wonder how do they shower or bathe if unable to be around moisture. --68.250.xxx.xx |
Can I avoid an eviction? (by Nancy [IN]) Posted on: Jun 4, 2011 12:28 PM
Message:
Hey, there is ANOTHER Nancy in Indiana here for the first time after my 12 years on this board.
Wow.
Never thought I'd see it.
If you change your name a little bit, people won't get confused. Otherwise they will expect you to know what I know, and me to know what you know!
--65.55.xx.xxx |
Can I avoid an eviction? (by Nancy [IN]) Posted on: Jun 4, 2011 12:33 PM
Message:
Sorry, accidentally hit submit. As to your question, I would definitely make a deal as Allin (VA) suggests. If she has no money, she isn't going to pay anyway, so your best bet is to cut your losses, especially as you want out by August. I'd even offer to give her a little extra for her trouble, along with my apologies that all this happened, if she will leave the place sparkling clean (especially the parts not being worked on).
You can always get tough after with an eviction. But if she won't pay and won't move, file immediately and make sure she knows (via letter) that this will go on her credit record. Some people will do anything to avoid that. --65.55.xx.xxx |
Can I avoid an eviction? (by Nancy G [IN]) Posted on: Jun 4, 2011 1:07 PM
Message:
Thanks "Nancy", I am now Nancy G. I taking the weekend off from all the discussion with the tenant......my head is spinning and State Farm said not to talk with her any longer. So I'm just having the general contractor call her when they are coming in to do work at the condo. Funny thing is they tell me she is trying to double dip.....and now triple dip. From her insurance, mine and then me. Going to talk with an attorney to get this taken care of. Thanks --24.14.xx.xxx |
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