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I have a similar/related question: we own and rent-out a condo that lost power after Irene and may not have it back until Sat/Sun.
The first we knew about this was today (Thur) when the tenants emailed us. Apparently they never called the utility company to report the outage right away; when we called the utility company to check on status of action, they said that no outage complaint had been filed. We're checking with other people in the same block to see if they have power, when they reported any outages, response/rectification times, etc.
These tenants have been very good folks, but we're worried that they're going to expect/demand that we cover costs for them to stay somewhere until the power is back on, replace fridge contents, etc. From everything I've read they have no legal standing to do so, but is there a relevant state/local statute we can reference?
I have a similar/related question: we own and rent-out a condo that lost power after Irene and may not have it back until Sat/Sun.
The first we knew about this was today (Thur) when the tenants emailed us. Apparently they never called the utility company to report the outage right away; when we called the utility company to check on status of action, they said that no outage complaint had been filed. We're checking with other people in the same block to see if they have power, when they reported any outages, response/rectification times, etc.
These tenants have been very good folks, but we're worried that they're going to expect/demand that we cover costs for them to stay somewhere until the power is back on, replace fridge contents, etc. From everything I've read they have no legal standing to do so, but is there a relevant state/local statute we can reference?
Thanks,
DjB
I think this should be an issue between your tenant and the electric co, unless there was a problem with electricity before (i.e. poor maintenance, wires or equipment, etc.). That said, I would try to help out as much as possible since good tenants are hard to find and keep.
I do not have a written lease, everything has been verbal. So, what if the landlord stated, we will not lose power, I have a generator all hooked up. (we live in a rural area and lose power often with storms) Feb 2011 snow storm, lost power, generator did not come on went outside to see why. My landlord was out there trying to fix it, she wasn't sure what it was, she said to me: "don't worry, I just have to make a phone call, I will have this running by the next storm" The power came back on and life went on. Aug 2011 trop storm Irene, power goes out...waiting, waiting, nothing. I call upstairs to the landlord asking about the generator. Her words: Oh, sorry I didn't make the call, it's a personal call and didn't make it yet" "I'll be right on it on it tomorrow" 4 days later, still w/o power she said to me "you will be compinsated for this". I haven't spoken to her in a few days, what should I expect? Thanks D
Without a lease there is nothing you can do. It is not her fault the electricity went out and a landlord is under no legal obligation to provide a back-up generator. Your fight needs to be with the electric company.
Quote:
Originally Posted by DawnDuba
I do not have a written lease, everything has been verbal. So, what if the landlord stated, we will not lose power, I have a generator all hooked up. (we live in a rural area and lose power often with storms) Feb 2011 snow storm, lost power, generator did not come on went outside to see why. My landlord was out there trying to fix it, she wasn't sure what it was, she said to me: "don't worry, I just have to make a phone call, I will have this running by the next storm" The power came back on and life went on. Aug 2011 trop storm Irene, power goes out...waiting, waiting, nothing. I call upstairs to the landlord asking about the generator. Her words: Oh, sorry I didn't make the call, it's a personal call and didn't make it yet" "I'll be right on it on it tomorrow" 4 days later, still w/o power she said to me "you will be compinsated for this". I haven't spoken to her in a few days, what should I expect? Thanks D
Without a lease there is nothing you can do. It is not her fault the electricity went out and a landlord is under no legal obligation to provide a back-up generator. Your fight needs to be with the electric company.
That is not really true. While not having a lease or contract in writing is definitely a negative, despite popular belief, you can have an legally binding verbal contract. They are much harder to prove and it becomes your word versus her's BUT if you can provide evidence supporting your claim by other actions you can win in court. If it really comes down to suing you should seek legal consult. Only an L&T lawyer would be able to tell you if you have enough evidence to support the claims of a verbal contract.
PS a generator is a fixture, just like a refrigerator, if it is there, and was there when you moved in or put in by the landlord during your tenancy, it is the landlords responsibility to maintain it. This will further substantiate your argument should you end up in court over this. Try to reason with her an avoid court, for your own sake. Court sucks!
It is a fixture only if it is permanently installed and automatic. A removable generator that is not automatic start is not considered a fixture in the eyes of the law or insurance...
Quote:
Originally Posted by tdstyles
That is not really true. While not having a lease or contract in writing is definitely a negative, despite popular belief, you can have an legally binding verbal contract. They are much harder to prove and it becomes your word versus her's BUT if you can provide evidence supporting your claim by other actions you can win in court. If it really comes down to suing you should seek legal consult. Only an L&T lawyer would be able to tell you if you have enough evidence to support the claims of a verbal contract.
PS a generator is a fixture, just like a refrigerator, if it is there, and was there when you moved in or put in by the landlord during your tenancy, it is the landlords responsibility to maintain it. This will further substantiate your argument should you end up in court over this. Try to reason with her an avoid court, for your own sake. Courts suck!
It is a fixture only if it is permanently installed and automatic. A removable generator that is not automatic start is not considered a fixture in the eyes of the law or insurance...
Where does it say that this is a removable generator? Also your statement of not having a written lease and having no recourse is inaccurate.
I meant having no recourse as far as the electricity goes...unless that was written anywhere a simple conversation is going to be near impossible to prove in court...and I was just assuming it was a removable generator because most permanently instralled generators do not need to be jump started as they are automatic. It is the smaller, removable generators that need to be jump started in order to work.
Quote:
Originally Posted by tdstyles
Where does it say that this is a removable generator? Also your statement of not having a written lease and having no recourse is inaccurate.
What if the flood was caused by the renter's refridgerator not being put together properly? Should the LL at least get the house checked for mold/mildew? or is that up to the renters?
What if the flood was caused by the renter's refridgerator not being put together properly? Should the LL at least get the house checked for mold/mildew? or is that up to the renters?
Can you clarify, "the renter's refridgerator (sic) not being put together properly"?
What--specifically--was wrong with the refrigerator?
And...the most important of all details...Who owns the refrigerator?
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