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Started By
Message
Landlord/Tenant Question?
Posted on 8/25/16 at 7:14 am
Posted on 8/25/16 at 7:14 am
I have a rental home in Lafayette that took about 1 inch of water, not really any damage other than the laminate flooring in the house that has to be replaced and got contractors on it will be done by middle of next week,but my tenants are convinced that we have to rip out the Sheetrock and cabinets cause mold may grow. I told them no I am not going to rip out anything that is not necessary. We aired it out and got humidifiers in it and the adjuster looked at it and the only thing is the laminate flooring that needs to be replaced. Well in the lease it states if the house is unattainable they have the right to opt out the lease which they are doing and they will be paid their security deposit ,but they are demanding half the months rent back for August. There is nothing in the lease agreement that really cover whether I have to do this or not. Do I have to pro rate the rent by law? I am thinking I don't ,but anyone ever deal with this?
11
Posted on 8/25/16 at 7:16 am to stelly1025
You should prorate the rent based on the day the house became unattainable.
Posted on 8/25/16 at 7:17 am to stelly1025
If you're a dick, don't give it to them.
If your a nice person, give it to them.
I pretty sure you can rent the house to someone else this week.
It isn't truly about the money, it isn't much money.
If your a nice person, give it to them.
I pretty sure you can rent the house to someone else this week.
It isn't truly about the money, it isn't much money.
This post was edited on 8/25/16 at 7:19 am
Posted on 8/25/16 at 7:35 am to stelly1025
Prorate rent
Test for mold with them present
Have them sign something in writing stating you tested for mold and the residence is habitable. If the residence is free of mold, they cannot get out of lease other than the terms of the lease. From my experience, always have anything and everything in writing and signed, especially when it's as big as this could be.
Test for mold with them present
Have them sign something in writing stating you tested for mold and the residence is habitable. If the residence is free of mold, they cannot get out of lease other than the terms of the lease. From my experience, always have anything and everything in writing and signed, especially when it's as big as this could be.
Posted on 8/25/16 at 7:38 am to stelly1025
I still don't understand how the house is "unattainable"?
are you sure you are using the right term?
are you sure you are using the right term?
Posted on 8/25/16 at 7:44 am to Hawgeye
quote:
If the residence is free of mold, they cannot get out of lease other than the terms of the lease.
This is true, but to actually get them to continue paying the lease it would require legal action. This is where landlords get screwed, because it is easier to take the loss and let them move out than deal with the legal aspect and cost of that legal aspect. Assuming they would still move out after you showed them the mold test, at least you can keep the deposit and August rent.
Posted on 8/25/16 at 7:45 am to Hawgeye
And let me add...You better make damn sure there isn't any mold or the potential of mold growth.
That's a big liability owning rental property. In two years when you have a single mom and her two kids move in, one gets sick. The pediatrician tells her to check their house for mold. Your arse is on the line for quite a bit.
Do it right and make sure. I am guessing here, but the "adjuster" probably knows he is looking at your rental property and at some point during your convo with him, you mentioned you don't want to fork over much to fix the home. So, he likely have you the cheapest route.
I find it hard to believe there was water in the house and all you need to do is replace the laminate and no wood at all.
That's a big liability owning rental property. In two years when you have a single mom and her two kids move in, one gets sick. The pediatrician tells her to check their house for mold. Your arse is on the line for quite a bit.
Do it right and make sure. I am guessing here, but the "adjuster" probably knows he is looking at your rental property and at some point during your convo with him, you mentioned you don't want to fork over much to fix the home. So, he likely have you the cheapest route.
I find it hard to believe there was water in the house and all you need to do is replace the laminate and no wood at all.
Posted on 8/25/16 at 7:46 am to Hawgeye
quote:
Prorate rent Test for mold with them present Have them sign something in writing stating you tested for mold and the residence is habitable. If the residence is free of mold, they cannot get out of lease other than the terms of the lease. From my experience, always have anything and everything in writing and signed, especially when it's as big as this could be.
Okay, I might be the one missing something ,but is the house considered uninhabitable when the flooring has to be changed and they obviously cannot be in it right now? Or does uninhabitable in the legal sense mean due threats to health and well being? I am positive no mold is in the house. They did have to move their stuff out so the flooring can be changed so they are citing that as uninhabitable which it is ,but only temporarily. These tenants were good up until this happened and have been a pain in the arse since. Coming up with stupid stuff such as ripping out the whole kitchen all the drywall and basically gutting the entire house when it doesn't need to be done.
Posted on 8/25/16 at 7:46 am to stelly1025
I would not prorate it and let them bounce, have a new tenant in there within a week.
Posted on 8/25/16 at 7:48 am to Hawgeye
quote:
I find it hard to believe there was water in the house and all you need to do is replace the laminate and no wood at all.
Me, too. Even a fraction of an inch of water can damage lots of wood.
Posted on 8/25/16 at 7:48 am to Steadyhands
quote:
This is true, but to actually get them to continue paying the lease it would require legal action. This is where landlords get screwed, because it is easier to take the loss and let them move out than deal with the legal aspect and cost of that legal aspect. Assuming they would still move out after you showed them the mold test, at least you can keep the deposit and August rent.
I've got my own crew. So just replacing laminate flooring with no other damages would only take a couple days. Of course, depending on the size of the home.
I would pro rate rent and offer to pay half of a two-three night stay in a motel and furnish a POD to put their furniture in on the property and have my guys move furniture out, and then back in. But that's just me.
Posted on 8/25/16 at 7:49 am to Motorboat
Should use "untenantable". Not fit for tenancy.
These tenants should be allowed to break the lease. You don't want them. More headaches that the hassle is worth.
Give them their deposit if they get out immediately and leave the place clean by 8/31. Put it all in writing.
Find new tenants.
These tenants should be allowed to break the lease. You don't want them. More headaches that the hassle is worth.
Give them their deposit if they get out immediately and leave the place clean by 8/31. Put it all in writing.
Find new tenants.
Posted on 8/25/16 at 7:49 am to Hawgeye
quote:
Do it right and make sure. I am guessing here, but the "adjuster" probably knows he is looking at your rental property and at some point during your convo with him, you mentioned you don't want to fork over much to fix the home. So, he likely have you the cheapest route.
It is not about forking over much to fix the home is and has been adequately taken care of and will be fixed properly ,but I will not do things that are unnecessary that is just stupid.
Posted on 8/25/16 at 7:51 am to Bullfrog
quote:
Should use "untenantable". Not fit for tenancy. These tenants should be allowed to break the lease. You don't want them. More headaches that the hassle is worth. Give them their deposit if they get out immediately and leave the place clean by 8/31. Put it all in writing. Find new tenants.
Ultimately this is what I am thinking just get rid of them. They are a young married couple 22 and 23 and her father is filling her head with shite. It will most likely be a pain in the arse if they would stay in. I am sure my house will rent soon.
Posted on 8/25/16 at 7:52 am to stelly1025
You will be better off if you get rid of them now. You won't have any trouble finding new tenants right now.
Posted on 8/25/16 at 7:52 am to stelly1025
Then conduct a mold test to "make sure"
Posted on 8/25/16 at 7:53 am to stelly1025
How much money are we talking? You a slum lord? Give them the money and be done you money hungry piece of shite.
Posted on 8/25/16 at 7:54 am to stelly1025
But if they're that big of a pain in your arse, pro rate rent and be done with it.
I don't know what kind of area you have the home, so I don't know how long it will take for you to rent it back out.
You still need to make 100% sure there is no mold. It would also be a good idea for you to let future renters know the house took on water but you did a mold test and everything is fine.
I don't know what kind of area you have the home, so I don't know how long it will take for you to rent it back out.
You still need to make 100% sure there is no mold. It would also be a good idea for you to let future renters know the house took on water but you did a mold test and everything is fine.
Posted on 8/25/16 at 7:55 am to Hawgeye
quote:
Then conduct a mold test to "make sure"
Will do thanks...
Posted on 8/25/16 at 7:59 am to tigersownall
quote:
How much money are we talking? You a slum lord? Give them the money and be done you money hungry piece of shite.
I just asked a question so go frick yourself and eat a dick...
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