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Old 12-09-2009, 01:59 PM
 
819 posts, read 1,592,812 times
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We have a rental house that has had the gas cut off because the tenants has not paid the bill. They are using electric heaters in every room in the house for heat. My question is, is the insurance still valid in case of a fire caused by using the space heaters. This is at best a 50 year old house that has not had any major electrical work done on it (except for kitchen) in a long time.

They called the other day and said one of the breakers keeps tripping. Husband put new breaker in but we're sure the cause is the extra electricity they're using to heat the house.

Sorry this is so jumbled up. Thanks for any advice.
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Old 12-09-2009, 05:57 PM
 
26 posts, read 60,073 times
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Ask your insurance company. Theirs is the only opinion that matters.

What does their lease say regarding maintenance of utilities? Perhaps they need to look for new housing if they won't pay their gas bill?
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Old 12-09-2009, 06:01 PM
 
Location: Clermont Fl
1,715 posts, read 4,778,716 times
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Only your carrier can answer that but if the heaters are say 20amp and they plug into a 20amp outlet what’s the problem. If your worried about it ask to see the heaters to make sure they are not overloading the outlet.
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Old 12-09-2009, 06:07 PM
 
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Standard Apartment House Association and California Association on Realtor Rental Agreements I've seen require tenants maintain utility service(s) as listed in the Rental Agreement.

From what you said, I would start with a 3-day notice to perform and take it from there...

Of course, the only reliable advice is from an attorney representing you.

From past experience... utility company doesn't shut off without notice and these situations almost never get better... time to make a decision.
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Old 12-09-2009, 08:13 PM
 
Location: San Antonio, Texas
3,503 posts, read 19,889,611 times
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Does the lease have a clause in it to maintain the utilities? If there is, then start eviction process. If they can't pay the utilities, the next person they can't pay is going to be YOU.
As long as you have taken steps to protect the property, the insurance company may cover any loses. The only way to be sure is to check with the insurance company. I said MAY.
Is the electric in your name or thiers? if it is your name, you can turn it off if it is endangering your property by over use in a dangerous way.
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Old 12-09-2009, 08:26 PM
 
28,115 posts, read 63,680,034 times
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Quote:
Originally Posted by ShaneSA View Post
Does the lease have a clause in it to maintain the utilities? If there is, then start eviction process. If they can't pay the utilities, the next person they can't pay is going to be YOU.
As long as you have taken steps to protect the property, the insurance company may cover any loses. The only way to be sure is to check with the insurance company. I said MAY.
Is the electric in your name or thiers? if it is your name, you can turn it off if it is endangering your property by over use in a dangerous way.
Be very careful turning off contracted utility service... the last thing you need is to be defending yourself against a "Constructive Eviction" lawsuit or worse... contributing to an unsafe condition where the tenants start using candles or kerosene heat because the Landlord had the power turned off.
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Old 12-10-2009, 11:33 AM
 
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Yes, it is going to be best to contact your insurance company or broker. Each company will have a different view on this and if you don't find out soon it could be a problem for you in the future.
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Old 12-10-2009, 03:01 PM
 
819 posts, read 1,592,812 times
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Thanks for all the responses. There is not a clause in the rental agreement/lease. We will check with the insurance company, but I just wanted to opinions from some "experts." I think we need to sell the property and quit fooling with people.
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Old 12-10-2009, 05:06 PM
 
28,115 posts, read 63,680,034 times
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Quote:
Originally Posted by PeachyMJ View Post
Thanks for all the responses. There is not a clause in the rental agreement/lease. We will check with the insurance company, but I just wanted to opinions from some "experts." I think we need to sell the property and quit fooling with people.
Managing Rental Property is a business and can be a very difficult one...

Can't speak for insurance company policy... I do know it has become harder to get basic fire policies for Rentals and many small operators are getting non-renewed... with or without a claims history in my little corner of CA
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Old 12-10-2009, 09:58 PM
 
Location: Clermont Fl
1,715 posts, read 4,778,716 times
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Quote:
Originally Posted by PeachyMJ View Post
Thanks for all the responses. There is not a clause in the rental agreement/lease. We will check with the insurance company, but I just wanted to opinions from some "experts." I think we need to sell the property and quit fooling with people.
Thats how I got about 50% of my properties
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