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General Property Management
Tenant question
L
Lisa J
started a topic
almost 15 years ago
I am a tenant but have a question. I am 19 months into a 2 year lease. Our landlords live in a different state, we have not seen them since the day we received keys. We have paid late 2 times in the 19 months, 1 time late fee waived, 2nd time we paid $95 late fee. Since 8/09 there has been one thing after the other starting with the plumbing having to be repiped and ending with a flood caused by the neighbor's condo next door having a leak. We suffered at least 5k personal property damage with no recovery as we could not get ins on the unit due to litigation with the builder. In 11/09 my husband almost died after surgery and I ended in the ER with heart problems. I have since lost my income. My husband is deploying soon for military. We requested LL reduce rent to match current rates and were told NO, wait till end of lease to make request. I know I can break lease with military orders. What would my liabilty be in doing this? Thank you.
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S
Stan M
said
almost 15 years ago
$95 is a bit much. Call a few RE or Management Agencies or talk to friends to find out what they may have paid in fees. As for the plumbing, you can't blame the LL for problem. However, you have the right to be upset if he did not consider problem an emergency and have it fixed immediately. If flood damages were caused by the repair crew, they and LL would be responsible for your damages. Ask for the name/phone # of their insurance co. If they refuse, you could take them to Small Claims Court. Check w/State for max. amount you can ask for. You need to determine what caused the leak. As for breaking lease w/Orders, I believe you need to send LL a copy of Orders. Check w/someone on Base that works with housing as to what your responsibility would be. You may only be required to give a 30 or 60 Day Notice due to deployment. Keep in touch.
L
Lisa J
said
almost 15 years ago
Thank you Stan. I am not really concerned about the late fee I paid previously, it was almost 1 year ago now. I was just giving background to show we are responsible tenants. The flood was caused by the unit next door having new flooring installed and the water line to ice maker got disconnected, thus causing a flood in our garage & dining room. That unit sits above our garage. I have the name of LL's ins co as well as that units ins info. Our LL stated they have been reimbursed all their expenses minus the deductible. The other unit's ins. co now refuses to return phone calls. I am not sure who is responsible here, but before I can file SC I need to demand payment from someone. I will try and contact JAG for info in regards to the lease. I will need help wording my letter.
S
Stan M
said
almost 15 years ago
The question here is "who settled w/LL"? If it was LL ins. co., file a claim with them. It sounds like LL was only paid for damages to his property. Now you need to file a claim. If it was a company (vs handyman) that installed the flooring, I would also file a claim against them if their workers made the water connection. Check w/JAG. I'm sure you will find them helpful. Thanks for keeping in touch.
L
Lisa J
said
almost 15 years ago
Stan, Thank you for your response. The LL's ins. co paid upfront for the property to be repaired and then got the reimbursement from the neighbor's ins co. I am the one who originally opened the claim with the neighbor's ins co the day after the flood and provided that info to the LL. I am now being ignored by that ins. co. I called last week to inquire about how to submit my claim and never got a return call. The whole situation is just frustrating. We have the personal property loss not to mention our electric bill more the doubled the month they had the fans blowing 24/7 for a week to dry the place out. No one seems to be concerned about it.
S
Stan M
said
almost 15 years ago
Lisa, it appears the other tenant is liable since the LL was able to collect from their Ins. co. I would send a certified, return receipt letter to the Ins co. and the other tenant stating that you expect to be compensated for damages and if you don't hear from them within 7 working days you will take the matter to court. Also demand to be compensated for the electric bill increase. Check w/JAG. They may have other advice/solutions.
L
Lisa J
said
almost 15 years ago
Thank you Stan. Happy New Year!
S
Stan M
said
almost 15 years ago
Happy New Year to you too, Lisa. Also, thank your husband for his Service. It's greatly appreciated. Good luck and keep us posted. :-)
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