Fire! Now What (by Denise [IL]) Feb 7, 2018 2:14 PM|
Fire! Now What (by NE [PA]) Feb 7, 2018 2:18 PM
Fire! Now What (by Ken [NY]) Feb 7, 2018 3:21 PM
Fire! Now What (by allin [VA]) Feb 7, 2018 3:23 PM
Fire! Now What (by Hollis [MA]) Feb 7, 2018 3:45 PM
Fire! Now What (by Jeff [CO]) Feb 7, 2018 3:55 PM
Fire! Now What (by Landlord ofthe Flies [TX]) Feb 7, 2018 4:23 PM
Fire! Now What (by Steve [MA]) Feb 7, 2018 4:31 PM
Fire! Now What (by Jeff [CO]) Feb 7, 2018 4:33 PM
Fire! Now What (by DJ [VA]) Feb 7, 2018 5:16 PM
Fire! Now What (by cjo'h [CT]) Feb 7, 2018 7:35 PM
Fire! Now What (by Vee [OH]) Feb 7, 2018 7:38 PM
Fire! Now What (by Still Learning [NH]) Feb 7, 2018 7:52 PM
Fire! Now What (by S i d [MO]) Feb 8, 2018 5:29 AM
Fire! Now What (by NC INVESTOR [NC]) Feb 8, 2018 7:41 AM
Fire! Now What (by Jeff [CO]) Feb 8, 2018 8:16 AM
Fire! Now What (by NC INVESTOR [NC]) Feb 8, 2018 9:54 AM
Fire! Now What (by Jeff [CO]) Feb 8, 2018 1:27 PM
Fire! Now What (by NC INVESTOR [NC]) Feb 8, 2018 4:53 PM
Fire! Now What (by tryan [MA]) Feb 10, 2018 8:56 AM
Fire! Now What (by Ray-N-Pa [PA]) Feb 10, 2018 1:16 PM
Fire! Now What (by Denise [IL]) Feb 10, 2018 2:20 PM
Fire! Now What (by Chris [CA]) Feb 11, 2018 2:09 AM
Fire! Now What (by Still Learning [NH]) Feb 11, 2018 4:28 AM
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Fire! Now What (by Denise [IL]) Posted on: Feb 7, 2018 2:14 PM
We had a fire in our top-floor apartment of a frame 3-flat.
Tenant left burning candle in kitchen unattended.
Damage is isolated to the top-floor.
Unit is uninhabitable.
Tenant did not have renters insurance.
Our insurance is going to cover most of the fixes.
We will need time to rehab.
Tenant has all his stuff in the apartment still.
We have not restricted access thus far, but are worried he might be staying there overnights.
We don't want to add to his stress by making him get all his stuff out with a crazy deadline, but we'll need to get it cleared/cleaned in order to rehab. Ideally, vacated for a few months to rehab. And ideally, not re-renting to him as he is a horder and clearly not good with open flames.
Lease says we can terminate immediately if there is a fire.
How can we enforce the Don't Sleep here rule?
How best to communicate and enforce lease termination?
When is it fair to terminate? Fire was 2/2. Rent had not yet been received. We will be reimbursed by insurance for that.
I want to be fair in all this and not insensitive. Any and all advice is appreciated. THANKS!
Fire! Now What (by NE [PA]) Posted on: Feb 7, 2018 2:18 PM
Good job on having your lease terminate. Give him a few hours to get his stuff out and change the locks until the insurance does what they have to do.
Don't worry about his stuff. Become a broken record thing him to contact his renters insurance.
I know he doesn't have it, just remind him to contact his renters insurance.
It's his fault for not having it. Don't get involved with him other than getting him out and securing the unit.
Possibly get the fire chief to back you up if needed. --50.107.xxx.xxx
Fire! Now What (by Ken [NY]) Posted on: Feb 7, 2018 3:21 PM
Stop trying to be fair and protect yourself,if he gets caught there or causes another fire you will get in more trouble than he will.Change the locks and tell him to get his stuff or it is going in the dumpster.You should consider hiring a public adjuster to fight the insurance company --72.231.xxx.xxx
Fire! Now What (by allin [VA]) Posted on: Feb 7, 2018 3:23 PM
Send him notice that the lease is over like 5 day notice to quit. If he stays then file unlawful detainer to get possession. If he remains past the date then you can treat him like a holdover tenant. Look up your state laws. --174.226.xx.xxx
Fire! Now What (by Hollis [MA]) Posted on: Feb 7, 2018 3:45 PM
Ditto to what Ken said about a public claims adjuster. (However I find that most LL's just won't do it) They think they take too much of the settlement,....but they will get so much more that it doesn't cost,..it PAYS... No, your friendly long term family insurance agent is NOT your friend..they really have no control of what you will get,despite they are saying that they will go to bat for you.
Fire! Now What (by Jeff [CO]) Posted on: Feb 7, 2018 3:55 PM
As he didn't pay rent I would assume an eviction is in the works.
No renter's insurance? Wow...
Fire! Now What (by Landlord ofthe Flies [TX]) Posted on: Feb 7, 2018 4:23 PM
Don't feel sorry for him. He burned up your apartment to the point of making it uninhabitable. The fact that he has no renters insurance is his problem. The fact that he blew it with obeying the lease is his problem. The fact that he has stuff to remove which is probably smoke damaged or burned is his problem. Keep emotion out of it.
You have a non-paying tenant living in an uninhabitable apartment that isn't safe for him to live in. Evict him quickly for his safety. --108.69.xxx.xxx
Fire! Now What (by Steve [MA]) Posted on: Feb 7, 2018 4:31 PM
Make sure you get a copy of the fire report showing that this tenant caused the fire. It will be helpful when you sue him to recover your deductible, lost rent & other damages --72.93.xxx.xxx
Fire! Now What (by Jeff [CO]) Posted on: Feb 7, 2018 4:33 PM
I have a sneaking suspicion that the tenant is judgement-proof. --76.120.xx.xxx
Fire! Now What (by DJ [VA]) Posted on: Feb 7, 2018 5:16 PM
If it is uninhabitable, did the fire department/police not post it as such? Add a "no Trespassing sign, if they didn't post one. Then enforce it if anyone is there.
Personally, assuming it is safe to enter, I would probably give the tenant a couple days to have everything of value out. Since the lease is immediately terminated, you have possession, and should arrange a time (or 2) when you can unlock it for him to go in and get his stuff. Keep control of the access.
Best wishes --68.105.xxx.xxx
Fire! Now What (by cjo'h [CT]) Posted on: Feb 7, 2018 7:35 PM
Denise, make sure he gets all his junk out of there,and him too,he may have another candle you don't know about...........charlie................................................................... --174.199.xx.xx
Fire! Now What (by Vee [OH]) Posted on: Feb 7, 2018 7:38 PM
Your 4th line says the unit is inhabitable, who sourced this news? Is the electric still on? - this is usually where the line is drawn on habitable, If truly unlivable it is time for repair locksets and have tenant move things at supervised times - try to get a new address so the insurance has a fast track to get them served to repay what they pay for repairs. --76.188.xxx.xx
Fire! Now What (by Still Learning [NH]) Posted on: Feb 7, 2018 7:52 PM
Used a public adjuster for our personal house fire. Best move we made. As far as the tenant. You could try calling 1-800-boardup. They are connected to insurcom but you don't have to use insurcom. They work with tenants at no cost to help them find temporary housing, clothing, medication, etc at no cost to you or tenant even if tenant doesn't have renter's insurance (at least that is my memory from the presentation at out landlord group). --107.77.xx.xxx
Fire! Now What (by S i d [MO]) Posted on: Feb 8, 2018 5:29 AM
If the unit is truly uninhabitable as determined by city code, there is no "ifs" "ands" or "buts"...you must take action and get him out. If he is injured due to exposure to these conditions, YOU could be liable! How's that for crazy!
Your area/state laws may be different than mine, but this is what I'd do.
Give him 72-hours notice to remove all stuff. If he fails, hire a moving truck and some guys to move everything into a 30-day storage unit. He can come get it whenever he wants. Take pictures so it's clear his "treasures" are ruined and you didn't mess them up. After 30 days, dispose of it.
Then change the locks. The lease is terminated. --173.17.xx.xx
Fire! Now What (by NC INVESTOR [NC]) Posted on: Feb 8, 2018 7:41 AM
Everyone is right, the longer he stays there the greater your liability. He could end up suing you if he gets hurt.
I will never understand why anyone would not require renters insurance. It is just beyond me. It is inexpensive for them at approximately $7/month. It not only protects us as LL's it also helps your tenants making it an easy requirement. The insurance will cover their living expenses while they find a new place to live and replace their damaged belongings. And, for LL's in NC it also covers water/sewer backup that NC LL insurance does not cover.
Fire! Now What (by Jeff [CO]) Posted on: Feb 8, 2018 8:16 AM
NC INVESTOR, I agree. It's mind-boggling that all landlords don't require it. There is no downside to requiring proof of coverage. But, to be honest, many (most) smaller landlords just aren't good at landlording. --76.120.xx.xxx
Fire! Now What (by NC INVESTOR [NC]) Posted on: Feb 8, 2018 9:54 AM
Before renter's insurance became popular and few multifamily units were requiring it (they generally set the trends) I bought renters insurance for all of my tenants. The cost was minimal and I simply added it to the rent. Worked out well.
When mandatory renters insurance became the standard some tenants wanted to get their own since they could increase their personal belongings coverage. I stopped being the middleman.
My only problem, since I've been burned by this twice, is the "additional interest" is either notified too late to know the policy has lapsed or no notification at all. I am seriously considering reverting back to original model and including the cost in their monthly rent. If they want higher coverage, no problem their cost will be whatever we are charged. --71.75.xx.xx
Fire! Now What (by Jeff [CO]) Posted on: Feb 8, 2018 1:27 PM
I don't know how you can buy insurance for someone else. My agent tells me I can't do that. It might be a Colorado thing. I always do the additional interest route. I just hope that it's not a case of my not receiving notices...
I just received a notice the other day from State Farm saying that a tenant's policy will be cancelled next week. I scanned and e-mailed the notice to her.
If I don't receive proof in time I'll just post her with a 3-day notice. I have never had it come to that, though.
Fire! Now What (by NC INVESTOR [NC]) Posted on: Feb 8, 2018 4:53 PM
JEFF: When I was buying the policies the policy was in the tenants name and the billing came to me. I paid for all of the policies and billed them for their cost.
What has changed is that while the policy was in there name I was allowed to set the terms, i.e. how much property damage and personal belongings. Today they would have the ability to select anything above my minimum requirement and they would just pay the actual cost of their policy. --71.75.xx.xx
Fire! Now What (by tryan [MA]) Posted on: Feb 10, 2018 8:56 AM
Ditto public adjuster ... most want 10% but they'll take 7% (mine did). Working without one is much harder (ask me how I know). --72.227.xxx.xxx
Fire! Now What (by Ray-N-Pa [PA]) Posted on: Feb 10, 2018 1:16 PM
You need to create your own good luck in a case like this. --24.101.xxx.xxx
Fire! Now What (by Denise [IL]) Posted on: Feb 10, 2018 2:20 PM
I'd love to hear more about how the public adjuster process works! Thanks in advance.
Fire! Now What (by Chris [CA]) Posted on: Feb 11, 2018 2:09 AM
Help him move? Got a truck? Give him a reference, help him find some other place.
(Had a slightly retarded young man - he had almost drowned as a kid). Helped him move to a MHP. The guy held down some simple job...)
I would want him out. Fire #2 is likely. (Had a unit burned down myself and giving tenants time led to nothing except delays which cost more money). Get it over with! But I'd help rather than evict --91.64.x.xxx
Fire! Now What (by Still Learning [NH]) Posted on: Feb 11, 2018 4:28 AM
Go to the search button in the Q&A section and google public adjuster. There are a few old threads that have information about various experiences and pricing of public adjusters. --107.77.xx.xx
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