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Message
re: Landlord/Tenant Question?
Posted on 8/25/16 at 8:02 am to Hawgeye
Posted on 8/25/16 at 8:02 am to Hawgeye
quote:
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.
Southside of Lafayette near Broussard and Youngsville should be no problem. Yea I am thinking just get them out it won't be a problem to rent.
0
Posted on 8/25/16 at 8:10 am to Motorboat
He probably means uninhabitable. Cajuns....
Posted on 8/25/16 at 8:12 am to SoBELSUFan
quote:
He probably means uninhabitable. Cajuns....
Yeah I meant uninhabitable I didn't realize I typed unattainable.
Posted on 8/25/16 at 8:16 am to stelly1025
quote:
they are demanding half the months rent back for August.
At least in NYC if the warranty of habitability is broken, they have the right to get refunded rent. I.e. if it's not livable, they don't have to pay.
I am not an attorney, just speaking from experience.
Posted on 8/25/16 at 8:18 am to stelly1025
If you can't make decisions like this without consulting others I don't see how you are even fit to be a landlord. How many properties do you own?
Posted on 8/25/16 at 8:20 am to stelly1025
quote:
quote:
Then conduct a mold test to "make sure"
Will do thanks...
If it's negative for mold...don't tell future renters it took on water...
That will cause you grief. It'd be different if it flooded every time it rained. This is probably the first time?
Posted on 8/25/16 at 8:47 am to Steadyhands
quote:
That will cause you grief. It'd be different if it flooded every time it rained. This is probably the first time?
Never the was built in 87 my neighbor has been there since 96. I am not in a flood zone and has never come close to flooding this was historic.
Posted on 8/25/16 at 9:03 am to Steadyhands
quote:
Assuming they would still move out after you showed them the mold test, at least you can keep the deposit and August rent.
Pretty sure you can't just keep the deposit.
Posted on 8/25/16 at 9:06 am to Motorboat
(no message)
This post was edited on 8/25/16 at 9:09 am
Posted on 8/25/16 at 9:26 am to stelly1025
I don't see how the water didn't wet the baseboards that caused wicking to the lower part of the sheetrock. I know our sheetrock almost goes down to floor level behind the baseboards.
Posted on 8/25/16 at 9:31 am to stelly1025
prorate the rent, imo
then tell them to go frick themselves
then tell them to go frick themselves
This post was edited on 8/25/16 at 9:39 am
Posted on 8/25/16 at 9:36 am to Deep Purple Haze
This should be one of the easiest times to find a new tenant you'll ever experience. You should be able to charge $50-100 more a month and make up whatever you are having to pay these people to leave.
I agree, I'd have them sign something they are getting out immediately and let them see how hard its going to be to find a new decent place to live right now.
I agree, I'd have them sign something they are getting out immediately and let them see how hard its going to be to find a new decent place to live right now.
Posted on 8/25/16 at 9:37 am to Isabelle81
quote:
I don't see how the water didn't wet the baseboards that caused wicking to the lower part of the sheetrock. I know our sheetrock almost goes down to floor level behind the baseboards.
The house took some water by the doorways the entire house didn't flood it receded and was pushed out quickly. It mainly took water by the doors and the affected areas have been cut out along with all the laminate. The water didn't reach the kitchen and other parts of the house it was the doorway areas in the house. Which is the front, back, and a bedroom.
This post was edited on 8/25/16 at 9:44 am
Posted on 8/25/16 at 9:40 am to stelly1025
no flooring for 2 weeks means unattainable?
Posted on 8/25/16 at 9:44 am to stelly1025
I will be honest with you, if there is any chance that any part of the sheetrock was exposed to water for a period of time I would consider replacing it. If its not feasible to do so I would go the extra mile to make sure you will not have problems long term.
Posted on 8/25/16 at 10:17 am to stelly1025
Legally, per Louisiana Civil Code 2715, unless otherwise stated in your lease, they are not entitled to diminution of the rent.
That being said, they're probably just looking to get whatever money back they can to get their lives back in order. Either prorate and send them on their way, or just hold on to the money. Your call.
LINK
That being said, they're probably just looking to get whatever money back they can to get their lives back in order. Either prorate and send them on their way, or just hold on to the money. Your call.
LINK
quote:
Art. 2715. If, without the fault of the lessee, the thing is partially destroyed, lost, or expropriated, or its use is otherwise substantially impaired, the lessee may, according to the circumstances of both parties, obtain a diminution of the rent or dissolution of the lease, whichever is more appropriate under the circumstances. If the lessor was at fault, the lessee may also demand damages. If the impairment of the use of the leased thing was caused by circumstances external to the leased thing, the lessee is entitled to a dissolution of the lease, but is not entitled to diminution of the rent. [Acts 2004, No. 821, §1, eff. Jan. 1, 2005]
This post was edited on 8/25/16 at 10:20 am
Posted on 8/25/16 at 10:22 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.
pay a professional to come out, take samples of where the tenant says mold is, and do lab testing. if there is no mold, tenant pays all rent from when it was safe to go back and the lease stands. if there is mold, deal with it.
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