State Specific Question About: GEORGIA (GA)

Hi All, It's me...the amature landlord again.

I asked the question about the serial evictions a few days back.

http://www.mrlandlord.com/landlordforum/index.php?id=14327726

Well...long story short, the tenant did pay just before I was to initiate the eviction.

Last night, her teenage son started a grease fire on the stove and threw water on it. There is extensive damage to the house. She did not have rental insurance as stipulated in the lease.

I've contacted the insurance and started that process.

The fireman told me I could take her in the house today to get her belongings. However, I would like to double make sure the house is structurally sound before that.

She is already asking me about the rent, complaining about the high water bill she ran up and still saying the appliances (which are all less than 6 years old) caused these problems.

Any thoughts of tips?

Anything info would be greatly appreciated.

Thanks, Gayla

Also, don't give her her rent back. Just keep pushing everything off on the insurance. She paid her rent, her rent was due. she started the fire too! Too bad for her. she would have to take me to court to get that money.

Sugar!! Sprinkle sugar on it all. This is terrible. I would be so mixed up emotionally, to see the house like that and after you had worked thur what seemed like the worst!

I agree with above,,, it's turned over to the insurance company. Another feedback line would be "we are waiting the written report" perhaps from insurance or firedepartment.

I would not agree or disagree with her. She has her own losses in this fire.

Been there, done that.

First, get a notebook and document EVERY CONVERSATION and interaction.

Every time she asks about compensation for whatever, remind her rental insurance would have covered it. Your lease required her to carry rental insurance. Not having it is going to cost her. And don't forget there are plenty of agencies who will step in and help her as well. Unfortunatly, your the victim in this and your on your own. You are not a charity and this tenant has caused you headache after headache and now is about to cost you more money.

Stand strong...convince yourself you are not new to this.

And no, she does not get her deposit back.

I went through a house fire last year. I learned about the fire from the tenant's call to me at my day job. The first several weeks were miserable, but it got progressively better. The smell is permanently etched in my memory.

"Blamed it on the appliances"-- experienced the same myself. Tenant teenager left food cooking on the range. Fire resulted in the range hood falling after the cabinets burned. Tenant blamed the whole thing on the falling range hood. The aluminum pot was melted on the range burner.

When I had my house fire, I lost the house. He hadn't paid the electric company *or* me, so he was doing a midnight move-out by candlelight. Only got one load of stuff out before a candle fell over...

Gayla...

What must a landlord do for a tenant in Georgia if the tenant damaged the house to the point where it is uninhabitable?

Legally...nothing. We are NOT legally responsible for finding them another place to reside in. Nor are you LEGALLY responsible (in this case) for returning the rent, the security deposit, worrying about the claims regarding some high water bill, her nonsense claims on appliances etc. etc. etc..

Georgia does allow a tenant to sue for what is known as a "Constructive Eviction" as outlined below IF the landlord fails to address a repair issue making the house unlivable. THIS IS NOT WHAT TOOK PLACE HERE AND DO NOT BUY THIS TENANTS CLAIM FOR THIS IF SHE MAKES IT.

"Uninhabitable Premises/Constructive Eviction

Sometimes a landlord will create a nuisance or fail to make needed repairs. If such actions make the premises unlivable, the law may permit the tenant to immediately move out and sue for "constructive eviction."

If the tenant wins, damages can be collected for back rent, damage to furniture and other expenses.

Note a tenant cannot normally sue for constructive eviction unless the problem caused them to move out before the end of their lease.

Some states even allow for a partial constructive eviction, such as when the landlord's negligence makes only part of your apartment unlivable. For example. Suppose your landlord did not repair the leaky ceiling and as a result of this you can no longer use your dining room. Then at least as far as the use of your dining room goes, you have been inconvenienced."

As previously suggested, get a copy of the fire department report. It will give you the truth on what happened.

I once had a pair of tenants who awoke to a kitchen fire one night. They claimed the fire department said it was an "electrical fire". Before I tore the kitchen walls apart I got a copy of the report. The real issue was flammable liquids stored IN the kitchen which the boyfriend claimed he used to clean his shoes (I'm guessing perhaps used in making drugs) and smoldering cigarette butts (inside smoking was banned in the lease).

Just keep repeating - "It is in the hands of insurance right now."

Get her stuff out - what is still good.

Get a copy of the report. What did fire investigator say was cause? If "kitchen fire" or "cooking fire" send a copy of that with SD accounting letter near the end of the 30 days. In that instance, keep the SD to pay the deductible due to tenant negligence.

Don't forget to get lots of photos of the damage. Keep records of your time spent with ins. adjuster, etc.

I had a tenant leave a pan on the stove, go upstairs and take a nap. Burned the place down and he was lucky to get out.

It's amazing how many landlords have experienced a fire at the hands of the tenants.

My tenant had just paid her rent four days before the fire; she asked "when do I get my rent back?" I told her "Lady, your boyfriend burned down my house, go collect from him!"