landlord laws for dummies? (Madison: lease, HOA, insurance)

[padmaster]

Are there any websites that spell out rules/laws governing landlord/tenant responsibilities?
I have a little situation with my tenant. He left his garden hose connected to the bib during the polar vortex and the bib split open. Now he is refusing to pay for it. He told the property management company that it was like that when he moved in.....which is total hog wash. He moved in June 1st last year and I used that bib several times to water the sod after I purchased the house. I have had two plumbers tell me the only way that bib split like that is if the hose was connected and had water in it. I did a walk thru this past January and that was when I noticed the hose was connected to the bib. I did not see the split in the bib at that time though. I only noticed that when I went back two weeks later to cover the bibs, before the second vortex rolled thru.

[EighthOctave]

I'm not a lawyer, but I have been a landlord.

There are two possible scenarios:

A: Tenant was aware of the precautions that needed to be taken, but ignored those precautions and damage was caused due to negligence.

B: Tenant took (or attempted to take) the appropriate precautions but the damage occurred anyway.

If you file a small claims suit against the tenant, the burden of proof is on you. You'd have to prove Scenario A. If you (or the property management company) withhold the repair total from the security deposit and provide the tenant with a receipt from the servicing company, the tenant would have to file small claims. Burden of proof would then be on the tenant to prove Scenario B.

Proving either scenario would be difficult. Unless the damage is more than a couple hundred $'s, it's probably not worth the hassle.

To answer your question though:

http://ali.state.al.us/legislation/landlord_tenant.pdf

See §3.101.6 (Page 22)

[padmaster]

Originally Posted by EighthOctave

I'm not a lawyer, but I have been a landlord.

There are two possible scenarios:

A: Tenant was aware of the precautions that needed to be taken, but ignored those precautions and damage was caused due to negligence.

B: Tenant took (or attempted to take) the appropriate precautions but the damage occurred anyway.

If you file a small claims suit against the tenant, the burden of proof is on you. You'd have to prove Scenario A. If you (or the property management company) withhold the repair total from the security deposit and provide the tenant with a receipt from the servicing company, the tenant would have to file small claims. Burden of proof would then be on the tenant to prove Scenario B.

Proving either scenario would be difficult. Unless the damage is more than a couple hundred $'s, it's probably not worth the hassle.

To answer your question though:

http://ali.state.al.us/legislation/landlord_tenant.pdf

See §3.101.6 (Page 22)

A: He should be aware that you don't leave the hose connected to the bib. He is from Arkansas.

B: He took no precautions whatsoever. When I did the walk thru I noticed the hose connected to the bib. I tried for two weeks to find those Styrofoam covers and nobody had any. Finally I decided to just wrap the bibs with some insulation and duct tape. That's when I noticed the crack in the bib. And I had to disconnect the hose to wrap the bib.

I will give him credit for at least taking precautions inside the house. He told me they opened all the cabinets and turned up the heat to keep the pipes from freezing up. All of the pipes in that house are on external walls except the hall bath.

The estimate I got to fix the bib was for $375. They will have to remove some bricks, replace the bib then replace the brick. After he refused to pay it, I told the property management company to increase the rent by $50. I had intended to increase it by $25 anyway because the HOA dues increased, insurance went up slightly, trugreen wants more....yadayadayada. The catch is, he has refused to sign another 1 year lease. He is a "public official" and is up for reelection. He said he cannot sign another lease until he finds out if he wins the election. If there is a runoff, it will be held in July. So he is basically on a month to month until he wins the election. If he loses the election he said he will have to move. So if he moves, do I have the right to withhold money for repairs from his deposit? If he signs another lease, the extra rent will cover it.

[needtosellmyhome]

Originally Posted by padmaster

A: He should be aware that you don't leave the hose connected to the bib. He is from Arkansas.

B: He took no precautions whatsoever. When I did the walk thru I noticed the hose connected to the bib. I tried for two weeks to find those Styrofoam covers and nobody had any. Finally I decided to just wrap the bibs with some insulation and duct tape. That's when I noticed the crack in the bib. And I had to disconnect the hose to wrap the bib.

I will give him credit for at least taking precautions inside the house. He told me they opened all the cabinets and turned up the heat to keep the pipes from freezing up. All of the pipes in that house are on external walls except the hall bath.

The estimate I got to fix the bib was for $375. They will have to remove some bricks, replace the bib then replace the brick. After he refused to pay it, I told the property management company to increase the rent by $50. I had intended to increase it by $25 anyway because the HOA dues increased, insurance went up slightly, trugreen wants more....yadayadayada. The catch is, he has refused to sign another 1 year lease. He is a "public official" and is up for reelection. He said he cannot sign another lease until he finds out if he wins the election. If there is a runoff, it will be held in July. So he is basically on a month to month until he wins the election. If he loses the election he said he will have to move. So if he moves, do I have the right to withhold money for repairs from his deposit? If he signs another lease, the extra rent will cover it.

This happened to one of my hose bibs this past winter even though I had it covered up with the styrofoam covers you mentioned. I had a professional plumbing company repair it for just under $160.00 which I thought was very reasonable but they did not have to remove any of my bricks......I was afraid they would but they did not have to. That could be the difference in price between yours and mine. Did you only get the one estimate? You might want to try to get more estimates and see if that makes a difference.

[EighthOctave]

Originally Posted by padmaster

So if he moves, do I have the right to withhold money for repairs from his deposit?

Again, not a lawyer.

If you believe he caused damage (beyond normal wear and tear) then yes, you can withhold from the security deposit. Make sure you provide him with a receipt from the repairman when you return the remainder of the deposit. Like I said, he may file a small claims suit, but he would have to prove that he didn't cause the damage to get the withheld portion back.

[padmaster]

Originally Posted by EighthOctave

Again, not a lawyer.

If you believe he caused damage (beyond normal wear and tear) then yes, you can withhold from the security deposit. Make sure you provide him with a receipt from the repairman when you return the remainder of the deposit. Like I said, he may file a small claims suit, but he would have to prove that he didn't cause the damage to get the withheld portion back.

This is a new home. He is the first person to live in the house. And like I said, I used that bib to water the sod just before he moved in. There is no doubt in my mind he caused the damage by leaving the hose connected to the bib.

[padmaster]

Originally Posted by needtosellmyhome

This happened to one of my hose bibs this past winter even though I had it covered up with the styrofoam covers you mentioned. I had a professional plumbing company repair it for just under $160.00 which I thought was very reasonable but they did not have to remove any of my bricks......I was afraid they would but they did not have to. That could be the difference in price between yours and mine. Did you only get the one estimate? You might want to try to get more estimates and see if that makes a difference.

The quote I got is from the plumber and brick company who originally did the house. The property management company got a quote from roto rooter for $275 but that was for replacing the bib only. And they wanted to go thru the wall inside. By the time I paid someone to repair the Sheetrock and paint, it probably would be more than $375. Not to mention the inconvenience it would cause the tenant.

[LCTMadison]

Isn't this why you collect a security deposit?

[padmaster]

Originally Posted by LCTMadison

Isn't this why you collect a security deposit?

Well, in a sense, yes, but I would prefer to reserve those funds for anything I might find AFTER he moves out. If he moves out after the election, I will use the damage deposit to cover the repairs, but if he signs another 1 year lease, I will consider the repairs paid for from the additional rent I am charging. I have to pay for the repairs NOW. Well technically I guess I don't have to, I have been told there are no laws that say I have to provide an outside hose bib. Besides, there is another bib on the other side of the house.

The attached pic is the only hard evidence I have.

[ReggaeCharley]

As of 2006, Alabama law is tenant friendly. I have rented for 20 years and in your case I would replace the bib. It is a minor expense compared to the pain an angry tenant can impose on you.