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re: Flood Rental Eviction Question (what would you do?) UPDATE
Posted on 9/6/16 at 8:31 pm to brbengalgal
Posted on 9/6/16 at 8:31 pm to brbengalgal
Upper deck the toilets, piss on the stove eyes, and take a shite on a cookie sheet, put it in the oven on broil and leave the keys on the counter and close the door behind you.
Posted on 9/6/16 at 8:32 pm to brbengalgal
He is being a dick, lawyer up.
Posted on 9/6/16 at 9:17 pm to brbengalgal
I feel bad for you.
Your landlord maybe small and not able to really focus on his obligation which is handling his rental properties business.
I own 40 rental properties and luckily only had three homes that flooded. No, way shape or form would I have any leasesee stay in a flooded or damaged property. Way too much risk to take as a property owner.
I had some vacant homes I just bought in the Port Allen area. I was able to move all displaced tenants into a property at the same rental price. Most of my tenants are longterm leasesee and I do not want to lose them.
Personally, I never want tenants to have to do work to my properties. It is my property along with my responsibility to try to provide a safe, clean, and functioning property to my tenants who have active leases. Interior painting I do allow the tenants to change colors at their cost. My wife puts yard maintenance in my rental cost to make sure the properties grass is kept up. I do have Ac guys, plumbers, lawn care guys, bug prevention service, and handymen setup that I use.
Your landlord maybe small and not able to really focus on his obligation which is handling his rental properties business.
I own 40 rental properties and luckily only had three homes that flooded. No, way shape or form would I have any leasesee stay in a flooded or damaged property. Way too much risk to take as a property owner.
I had some vacant homes I just bought in the Port Allen area. I was able to move all displaced tenants into a property at the same rental price. Most of my tenants are longterm leasesee and I do not want to lose them.
Personally, I never want tenants to have to do work to my properties. It is my property along with my responsibility to try to provide a safe, clean, and functioning property to my tenants who have active leases. Interior painting I do allow the tenants to change colors at their cost. My wife puts yard maintenance in my rental cost to make sure the properties grass is kept up. I do have Ac guys, plumbers, lawn care guys, bug prevention service, and handymen setup that I use.
This post was edited on 9/6/16 at 9:20 pm
Posted on 9/6/16 at 9:59 pm to brbengalgal
Assuming you have a standard written lease, most of the time there is a clause about the house being habitable. There are also some legal claims about if the house is not habitable, and you spend money to make it habitable, you are entitled to reduce your rent payment by those costs.
He can tape an eviction notice all he wants, but until he goes to the judge and you get a hearing, he can't do crap.
If that happens, go to the hearing and tell the judge.
In any event, you are probably going to need to eventually move out, but you absolutely should fight for reimbursement.
In the future, the moment he said "don't come to me for anything" is the moment you should have moved out. That's slum-lord crap right there.
He can tape an eviction notice all he wants, but until he goes to the judge and you get a hearing, he can't do crap.
If that happens, go to the hearing and tell the judge.
In any event, you are probably going to need to eventually move out, but you absolutely should fight for reimbursement.
In the future, the moment he said "don't come to me for anything" is the moment you should have moved out. That's slum-lord crap right there.
Posted on 9/6/16 at 10:24 pm to brbengalgal
Is there something in your lease saying you can't pay for repairs then withhold that amount from your rent? We have that I think. If it's in there you are screwed.
And they filed on the 6th?! That's fast. At the very least show up in court to argue your case, just be ready to pay if he doesn't rule for you so that there is no eviction on your record.
And they filed on the 6th?! That's fast. At the very least show up in court to argue your case, just be ready to pay if he doesn't rule for you so that there is no eviction on your record.
Posted on 9/6/16 at 10:28 pm to brbengalgal
research it, but as a tenant there is a law in louisiana that provides for work that you have done. you add the total of the receipts, and subtract that from the amount of the rent and pay the difference. you are protected on that end, but you have to show that you are continually doing work and that the place is safe to live in. don't sign ANY waivers. Eventually you will have to give him the original receipts for him to use them for tax purposes, but since hes being shady I wouldn't do that until you have it documented, notarized, and have mailed yourself a certified copy of everything to protect yourself. a verbal contract is going to be hell to prove even with a witness, so you're going to have to pay rent if you want to secure the space.
Posted on 9/6/16 at 10:29 pm to ItzMe1972
quote:
The eviction process takes several weeks and is not automatic. A judge will oversee and hear from both sides.
It actually only takes a week around here. Court is within 7 days of filing and a judgement is given then. Very rarely do they side with tenants, BUT I think op should go argue her point because this is not cut and dried. Just be prepared to pay up for September rent on the spot.
Posted on 9/6/16 at 10:37 pm to brbengalgal
You need to speak to a lawyer. Also, look into eviction laws. As a landlord I was shocked at just how difficult it is to evict a tenant.
Posted on 9/6/16 at 10:38 pm to Aspercel
Sounds like a POS and he is using this as an opportunity to hike up the rent after you are gone and you invested I his property
Posted on 9/6/16 at 10:59 pm to georgia
I paid for some labor and also did labor myself. I got help from friends (such as the AC repair and more) that only helped because they thought they were helping me to keep a place to live.
I was really only expecting one month rent and I am absolutely shocked they are being such a-holes.
If I want to document the receipts and work can I revert it back to full rate and also count my own labor and my friends that helped labor to the real cost it would have been to bring to court?
I was really only expecting one month rent and I am absolutely shocked they are being such a-holes.
If I want to document the receipts and work can I revert it back to full rate and also count my own labor and my friends that helped labor to the real cost it would have been to bring to court?
Posted on 9/6/16 at 11:04 pm to brbengalgal
What is moving some shite out and then spraying some Clorox worth per hour to you? Be sure to document that, too.
Posted on 9/6/16 at 11:14 pm to Tactical Insertion
What is the going rate for removing flooring? That is very hard work
Posted on 9/7/16 at 6:23 am to TitleistProV1X
I agree two years ago I had to go through the eviction process to get rid of a tenant. It was not an easy process. From start to finish the process takes an avg of 90 to 120 days. When the constable serves the papers on eviction day they are there to protect the tenants rights, and not the property owners rights.
Most of the landlords I know that had to go through the eviction process had similar results.
This is a process most people would like to avoid.
Most of the landlords I know that had to go through the eviction process had similar results.
This is a process most people would like to avoid.
This post was edited on 9/7/16 at 6:31 am
Posted on 9/7/16 at 6:49 am to brbengalgal
Spray foam to seal around the doors, put water
hose(s) through window, turn water hose on, leave.
hose(s) through window, turn water hose on, leave.
Posted on 9/7/16 at 7:04 am to brbengalgal
La. CC Article 2714: Expropriation; loss or destruction
If the leased thing is lost or totally destroyed, without the fault of either party, or if it is expropriated, the lease terminates and neither party owes damages to the other.
If the leased thing is lost or totally destroyed, without the fault of either party, or if it is expropriated, the lease terminates and neither party owes damages to the other.
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