ceiling damage from leaking roof : ezLandlordForms

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John W

started a topic almost 14 years ago

Situation: The master BR in a 3 BR house had 2 leaks in the most recent rains (12-21-10 and others). I had the roofers there promptly to fix the roof, however it leaked again in subsequent rains and will be hot mopped this week to remedy the roof. Then I neeed to fix the ceiling, now that it won't be continuously damaged any longer. The Fair housing rules allow the tenant a claim of uninhabitable for the period. Question: My question is the reasonable % of remedy. I feel that a reduction of 1/4 (1 of the 4 bedrooms uninhabitable) for the period in question is reasonable. Or is the declaration result in a greater %; I would appreciate any input. Question: I felt I moved within a normal cycle but the tenant did not. In addition they are bringing up extrapolated claims of bugs, rodents etc to build a case. I have and continue to address these issues but they persist in their claims of continuation, although no other tenants in the past 2 years had problems. help

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Donna

said almost 14 years ago

A reasonable time period depends on the type of repair to be done. Some repairs may require an urgent response from the landlord, such as, plumbing or electrical problems, while some repairs may allow a landlord a longer period to respond or complete the needed repair, such as, the repair or replacement of a furnace in mild weather. The fact that you have proof that you have been on top of the repair, would lead me to believe that there is no "unreasonableness". Offering a reduction in the rent is optional unless they have been without use entirely for a substantial period of time or if something existed that was a danger to the inhabitants. Keep track of ALL times and visits, paperwork of repairs and bills. If you feel you want to offer them a reduction in their rent do so by the percentage of space involved X the number of days.

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Adam E

said almost 14 years ago

i also have a similar problem. i had a leak from the roof but my problem is that i contracted 2 companies and they failed to fix it. now they think that it can be coming from neighbors. the thing is that the roofer came 5 times this month to try to solve the problem since he gave us warranty. the tenants r complaining a lot and now they have bed bugs and they say it is from insulation of roof. i really dont know wat to do. they told me they are calling health department and they will put rent in escrow account. i am really doing my best but it is taking a long time. they still have one month and half before the lease ends. what should i do? i told them before to leave but they did not and i dont want them to complicate it more.