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Message
re: Attorney Needed: Laura Destruction of Rental Property, can you still collect rent?
Posted on 8/30/20 at 12:24 pm to DiamondDog
Posted on 8/30/20 at 12:24 pm to DiamondDog
Generally your options are to keep paying or break your lease due to it being inhabitable. If you don’t pay, don’t expect to move back in and pay at the previous rate once it’s fixed.
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Posted on 8/30/20 at 12:24 pm to DiamondDog
quote:
Several tenants have been notified that rent is still due on the 1st. There are clauses in the lease that seem to make it the lessors responsibility to maintain habitable living conditions.
At least in New York it's state law that says a property that's leasable shall have a warranty of habitability, meaning that if the person renting is paying, it has to be habitable. The renter can refuse to pay rent until habitability is achieved.
Posted on 8/30/20 at 12:24 pm to DiamondDog
So no A/C, electricity, or running water and your insurance is claiming it’s not uninhabitable?
Posted on 8/30/20 at 12:25 pm to SuperSaint
Hey baw. Good to see you alive
Posted on 8/30/20 at 12:25 pm to DiamondDog
quote:
Have renters. It’s considered uncomfortable and not uninhabitable. Claim was denied.
Didn’t you say you don’t have water?
If you don’t have power or water, it is not inhabitable.
I’m an adjuster. That is crap if your insurance told you that.
Your landlord should have a policy that covers loss of use if you have to move out and would pay his rent.
This post was edited on 8/30/20 at 12:27 pm
Posted on 8/30/20 at 12:27 pm to DiamondDog
Y’all posting in a troll thread
Posted on 8/30/20 at 12:29 pm to DiamondDog
quote:
Have renters. It’s considered uncomfortable and not uninhabitable. Claim was denied.
Appeal? No way having no water and no electricity for potentially 3 months is just uncomfortable. I would fight the claim.
... Then I would switch renters insurance companies.
Posted on 8/30/20 at 12:29 pm to DiamondDog
quote:
There is no electricity and running water. HVAC seems destroyed.
I cannot believe a court in Louisiana would ever consider this habitable
"Essential services" is a pretty common phrase for ability to break a lease
I would probably email them for the record and save a certified mail letter to the office and simply break the lease.
Posted on 8/30/20 at 12:29 pm to ThePoo
quote:
So no A/C, electricity, or running water and your insurance is claiming it’s not uninhabitable?
I was told by the adjuster that not having electricity or running water does not determine whether it is habitable. If there were a hole in the roof, it would not be habitable.
I emailed the rental company for clarification. I will update when a response is received.
This post was edited on 8/30/20 at 12:31 pm
Posted on 8/30/20 at 12:30 pm to JohnnyKilroy
quote:
Y’all posting in a troll thread
Well at least this is better than having the OT turn into the poli board.
Posted on 8/30/20 at 12:31 pm to Puffoluffagus
This is not a troll thread. I’d hire SFP to fight the insurance claim and lessors if he didn’t have his own issues going on.
Posted on 8/30/20 at 12:31 pm to DiamondDog
quote:
I was told by the adjuster that not having electricity or running water does not determine whether it is habitable.
Lmao
Posted on 8/30/20 at 12:32 pm to DiamondDog
quote:
I was told by the adjuster that not having electricity or running water does not determine whether it is habitable. If there were a hole in the roof, it would not be habitable. I emailed the company for clarification. I will update when a response is received.
You need to ask for the adjusters manager. If he/she tells you no, you ask for their manager.
That is a lie what they are telling you. Just make sure and explain the full condition of the property. If they just think you are without power, then you won’t get anywhere.
No power and water? Yea. That’s garbage if they don’t hook you up with some relief.
Posted on 8/30/20 at 12:39 pm to DiamondDog
Why don't you speak to your landlord about options here? There may be the possibility of amending the lease agreement so everyone's happy.
Posted on 8/30/20 at 12:40 pm to Stud Bud
Y'all do realize he is saying this is over renter's insurance? All that covers is his personal property and liability. If his property isn't damaged directly by flood or wind I can see them denying any claims. In fact, what the hell are you even trying to claim here on your renter's, OP?
Posted on 8/30/20 at 12:44 pm to PrivatePublic
quote:
Y'all do realize he is saying this is over renter's insurance? All that covers is his personal property and liability. If his property isn't damaged directly by flood or wind I can see them denying any claims. In fact, what the hell are you even trying to claim here on your renter's, OP?
Well the OP is pretty retarded in general
Its half about if he has to pay rent. Which I say no he does not.
And then about renters insurance. Which has nothing to do with rent. And I agree would not cover not damaged property.
Posted on 8/30/20 at 12:44 pm to PrivatePublic
Loss of Use
Posted on 8/30/20 at 12:48 pm to DiamondDog
You need a covered loss first for loss of use. Sounds like you don't have one.
Posted on 8/30/20 at 12:50 pm to PrivatePublic
They do have some renters policies with loss of use provisions but not sure what damage was sustained by renter
Either way. The owner should be able to make a claim of lost rents due to the uninhabitability of the property assuming they are properly insured
Either way. The owner should be able to make a claim of lost rents due to the uninhabitability of the property assuming they are properly insured
This post was edited on 8/30/20 at 12:55 pm
Posted on 8/30/20 at 12:53 pm to DiamondDog
I could see some argument about no power still being inhabitable. But no running water is absolutely uninhabitable. How the frick does the adjuster think you’re going to take a shower or use the restroom with no running water?
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