Posted by Stew(NE) on January 22, 2004 at 13:22:41:
Sometimes, at the end of the day, all you have is the comfort that you did the right thing. I admire you greatly for what you did and I am sure that the people who got the money, won’t have it long.
Compensate Tenant for Loss Due to Fire? - Posted by Tony S. in FL
Posted by Tony S. in FL on January 21, 2004 at 11:17:52:
One of my rental units had a small fire and the power will have to be off until an electrican can repair the damage.
The tenant has no family in the area and will have to move into a hotel for the time being.
I won’t be charging him rent while he’s gone but am I responsible for his hotel bill?
Also, some of his furniture was damaged by water. I know my insurance doesn’t cover tenant possessions and he has no renters policy, but can he demand I replace his furniture since the fire was not his fault?
There is no lease in effect and the tenant is just on a verbal month-to-month arrangement.
Thanks,
Tony
Re: Compensate Tenant for Loss Due to Fire? - Posted by Frank Chin
Posted by Frank Chin on January 21, 2004 at 14:07:50:
Tony:
I think its time you review your insurance, and risks.
I too require my tenants to carry “renters insurance”, and its a requirment of the lease, but still I had tenants give me fake documents to prove they have it, or simply not carry it at all. In the end, they expect the landlord to pay for hotels, damages, that could have been easily filed against the renters policy.
That said, my landlord policy does provide for lodging of tenants in the case of fire. A few years back, a 3 family multi down the street from me had a fire, caused by the tenant, and the landlord filed a claim, had the damages fixed, and the policy provided tenants housing in a furnished apartment for a number of months.
Granted, insurance is tighter now, and you can be dropped if too many claims are filed. So it makes sense to require tenant insurance so you won’t have a problem of too many claims.
Another thought is calling the Red Cross to see if they can provide temporary shelter. A nearby church in my neighborhood has a shelter in the rectory where they provide shelter for folks in these situations. It’s possible your tenant may reject this and opt for a “four star” hotel. On the other hand, he might not have a strong case if he turned down the shelter if one is available, and he decides to sue.
The church sheltor I checked out is quite nice, and the rectory was kept very clean, and quiet, and consists of half a dozen beds, not a private room. You might want to survey your neighborhood churches for availabilty of such facilites in the case of emergency.
Frank Chin
Renters insurance - Posted by ken in sc
Posted by ken in sc on January 21, 2004 at 12:43:18:
This is where a lease comes in handy. In my lease, it explains that my insurance does not cover the tenants contents or a place to stay during a situation like this. It states emphatically that we suggest renters insurance. I also have a seperate piece of paper they sign that says the same thing, and also a copy of a newspaper article that they initial. In the article it says what a great buy renters insurance is and what could happen if they dont have it.
Now for you. I would not pay unless you just felt sorry for them and want to help. That would be what is known as “charity”, not “business”. If you give them money have them sign something that says that you are in no way admitting any guilt or liability, just giving a gift out of compassion.
Ken
Re: Compensate Tenant for Loss Due to Fire? - Posted by Jeff-NC
Posted by Jeff-NC on January 21, 2004 at 12:32:35:
In NC (and probably most other states) you are not legally respons. for their possessions, unless they could prove the fire was due to negligence on your part–delayed maintenance, etc. That is why they are to get renter’s ins. In the future go over that in your lease and have them initial it. I am investigating going one step further and purchasing a policy (
Re: Compensate Tenant for Loss Due to Fire? - Posted by Antoine (GA)
Posted by Antoine (GA) on January 21, 2004 at 12:22:19:
If the fire was casue by your neglect than yes he can seek to have his belonging replace and hotel bill paid by suing you. If the fire was caused by something out of both of your control (an act of god) then no he can not sue.
Check your insurance policy to see if it has a “rent loss” policy. Your insurance will pay the rent while the house is inhabitable as long as you were not the cause for it being inhabitable.
You really need to have a written lease.
You Never Know… - Posted by Tony S. in FL
Posted by Tony S. in FL on January 21, 2004 at 14:50:29:
Thanks everyone!.
Turns out the fire was small. Ceiling fan shorted out. Ceiling damage and water damage to carpets.
I offered to set the tenant up in a hotel because of the smell but he said he can’t smell!! Said he had a brain tumor years ago and when they cut it out he lost his sense of smell.
He might miss a few hours work tonight in order to be there for the water/smoke damage company to set up their fans and stuff and I offered to compensate him. He said no thanks. He said he can make up his time later.
Interesting. You just never know.
I agree that a lease is good to have. He had one but when it expired we just went with a month-to-month arrangement.
Thanks again.
Tony
My Experience - Posted by Del-Ohio
Posted by Del-Ohio on January 21, 2004 at 20:28:26:
I had a commercial building with tenants upstairs. The tenants had a lease that included a clause that required them to have insuarnce.
One tenant dropped his insuarnce after moving in, the other apparenttly never had any. Both tenants lost everything in the fire (they didnt have much)
I wanted to be good landlord and do what I could to help them out. Got the red cross to give them some money, clothing, and accomodations to take care of their immediate needs.
I then talked to a local bank, set up a donation fund where local people could make a monetary contribution for the tenants. I then talked to a couple local newspaper reporters who ran articles. Churches donated food, supplies, clothing, beds, furniture a couple Amish and Mennonite womens groups made new quilts for both tenants. People dropped the items off at my other place of business.
After about a month I had a whole room full of donated stuff, as well about $10,000 people had contributed to the bank account set up for the tenmants.
I had the banker, the tenants and a reporter stop by one day, the reporter took some pictures, interviewed everyone, took a picture of the banker giving the checks to the tenants. The tenants then hauled out their stuff.
The reporter ran a nice article in the paper about the generosity of the local community.
As more donations trickled in during the next month I would call the tenants and have them come pick them up. Both tenants said they now had more now then they had before the fire.
About a couple month later I am notified that the tenants hired an attornery and are filed suit.
My insuarnce company settled out of court (I think they each got another $15,000)and dropped my insuarnce.
Del-Ohio
Month to month - Posted by ken in sc
Posted by ken in sc on January 22, 2004 at 07:04:31:
Then you do have a lease. Your old lease rules still apply, it is not expired. Just the time frame is now month to month. Check your state landlord/tenant laws but that is the way it works here.
Re: My Experience - Posted by tara
Posted by tara on January 24, 2004 at 17:26:23:
I am so sorry that happen to you, don’t lose faith. There are people out there who do appreciate when others help in time of need. Then again there are those people out there that only care about how much money they can get out of any circumstance and will take advantage of people’s generosity. Thank you for reminding me that there are still good people out there.
Tara