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Old 01-03-2013, 09:33 AM
 
Location: Dallas, TX
2,894 posts, read 5,907,340 times
Reputation: 2186

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Quote:
Originally Posted by nightcrawler View Post
If my memory serves me correctly, I am thinking it was one of those days / nights where the temperature outside isnt freezing cold, but not cold enough for the heat to really be pumping. It is hard to explain. Sometimes it is colder in the apartment then it is outside when it is in the 40-50 range, does that make sense?

never the less, the tenant did start the fire.
Understood.

If I'm not mistaken, when it's 48f outside is when the heat should start pumping.

From my previous rental experience, a lot of L/L's try to delay as much as possible the start of their heating season.
many wait for the thermometer to deep well into the low 40s for them to start pumping heat.
It's unfortunate that the tenant started the fire and other people were affected because of it, but like I said before sh*t happens, and there's no guarantee that his person would be solvent enough to pay anybody a dime for his negligence. If a tree falls on your house and your stuff is destroyed, who are you sue? god? The best protection is having insurance yourself.
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Old 01-03-2013, 09:33 AM
 
393 posts, read 783,101 times
Reputation: 514
Quote:
Originally Posted by marilyn220 View Post
I'm guessing you jumped through hoops to get into this place and probably paying a crazy amount of rent, but yet, you don't want to cause "problems" with the landlord when the temperature dips below 35 at night with no heat?

Uh, okay.
Uh okay, yes you are guessing.

Like I said, my heat isn't that bad. It comes on several times throughout the day. The temperature in my apartment never dips below 35 degrees or anywhere near that. The most I need is a sweatshirt and slippers during the times when it's not on. Otherwise I wear a tank top. And no I'm not going to start a legal battle with my landlord because sometimes I have to put on a sweatshirt.
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Old 01-03-2013, 09:41 AM
 
26,585 posts, read 62,054,681 times
Reputation: 13166
Quote:
Originally Posted by likeminas View Post
Understood.

If I'm not mistaken, when it's 48f outside is when the heat should start pumping.

From my previous rental experience, a lot of L/L's try to delay as much as possible the start of their heating season.
many wait for the thermometer to deep well into the low 40s for them to start pumping heat.
It's unfortunate that the tenant started the fire and other people were affected because of it, but like I said before sh*t happens, and there's no guarantee that his person would be solvent enough to pay anybody a dime for his negligence. If a tree falls on your house and your stuff is destroyed, who are you sue? god? The best protection is having insurance yourself.
First of all, you'd still have a deductible that the tenant should be responsible for, and second, if you have insurance, you bet your arse that they are going to go after him to get their money back. I've seen it happen, and I personally know of someone who is currently having their paycheck garnished for 20% of their gross income because they did something stupid and an insurance company got a large judgement against them. I don't feel at all bad for them. They'll think twice next time.
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Old 01-03-2013, 09:42 AM
 
Location: Brooklyn New York
18,473 posts, read 31,643,914 times
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Quote:
Originally Posted by aptnyc View Post
Uh okay, yes you are guessing.

Like I said, my heat isn't that bad. It comes on several times throughout the day. The temperature in my apartment never dips below 35 degrees or anywhere near that. The most I need is a sweatshirt and slippers during the times when it's not on. Otherwise I wear a tank top. And no I'm not going to start a legal battle with my landlord because sometimes I have to put on a sweatshirt.

do yourself a favor, really, get thermometers and place them on the walls opposite the windows. I really like having them, and I am so anal, I constantly check the temperature. Most of the time my apartment is 71 degrees, give or take.
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Old 01-03-2013, 09:43 AM
 
657 posts, read 717,100 times
Reputation: 437
call 311 and complain to them they will send someone to your home and fine the landlord.
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Old 01-03-2013, 09:44 AM
 
6,459 posts, read 12,029,752 times
Reputation: 6396
Quote:
Originally Posted by aptnyc View Post
Uh okay, yes you are guessing.

Like I said, my heat isn't that bad. It comes on several times throughout the day. The temperature in my apartment never dips below 35 degrees or anywhere near that. The most I need is a sweatshirt and slippers during the times when it's not on. Otherwise I wear a tank top. And no I'm not going to start a legal battle with my landlord because sometimes I have to put on a sweatshirt.
Didn't you say you weren't getting the heat on at night?

Quote:
I don't mind it that much because I'm kind of warm most of the time (I keep a sweatshirt nearby for the in-between periods), and I like it pretty cold at night. I'm not about to start problems because otherwise I really like our apartment.
Sounds like you've convinced yourself to like freezing in order to not cause "problems" with your landlord.
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Old 01-03-2013, 09:44 AM
 
Location: Dallas, TX
2,894 posts, read 5,907,340 times
Reputation: 2186
Quote:
Originally Posted by aptnyc View Post
Uh okay, yes you are guessing.

Like I said, my heat isn't that bad. It comes on several times throughout the day. The temperature in my apartment never dips below 35 degrees or anywhere near that. The most I need is a sweatshirt and slippers during the times when it's not on. Otherwise I wear a tank top. And no I'm not going to start a legal battle with my landlord because sometimes I have to put on a sweatshirt.
It should never dip below 55 in the dead of winter. Anything below that and they are short-changing you and violating city regulations.
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Old 01-03-2013, 09:50 AM
 
26,585 posts, read 62,054,681 times
Reputation: 13166
Quote:
Originally Posted by dalebx28 View Post
call 311 and complain to them they will send someone to your home and fine the landlord.
If the landlord is actually out of compliance with the law.
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Old 01-03-2013, 09:54 AM
 
Location: Dallas, TX
2,894 posts, read 5,907,340 times
Reputation: 2186
Quote:
Originally Posted by annerk View Post
First of all, you'd still have a deductible that the tenant should be responsible for, and second, if you have insurance, you bet your arse that they are going to go after him to get their money back. I've seen it happen, and I personally know of someone who is currently having their paycheck garnished for 20% of their gross income because they did something stupid and an insurance company got a large judgement against them. I don't feel at all bad for them. They'll think twice next time.
My point still remains. Insurance is your best protection.


You and the insurance co. can sue all you want but if the neighbor is broke and doesn't have a penny to his name, how are you gonna collect? What if the guy files for Brankcrupcy? Who are you sue then?
Even if the neighbor was solvent I wouldn't wanna go through the headache of suing on my own. The insurance co. can sue the fire comissioner for all I care, as long as my claim is processed and approved.

I personally don't like to depend on externalities like this and prefer to cover my own bases. The outcome is much more certain that way.
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Old 01-03-2013, 09:58 AM
 
26,585 posts, read 62,054,681 times
Reputation: 13166
Quote:
Originally Posted by likeminas View Post
My point still remains. Insurance is your best protection.
I would never disagree with you on that.

Quote:
You and the insurance co. can sue all you want but if the neighbor is broke and doesn't have a penny to his name, how are you gonna collect? What if the guy files for Brankcrupcy? Who are you sue then?
Even if the neighbor was solvent I wouldn't wanna go through the headache of suing on my own. The insurance co. can sue the fire comissioner for all I care, as long as my claim is processed and approved.

I personally don't like to depend on externalities like this and prefer to cover my own bases. The outcome is much more certain that way.
There are certain things that aren't dischargeable through bankruptcy, and you can't simply file to walk away from a judgement that you have the ability to pay, even if it's only pennies on the dollar or will take you the rest of your life to pay it off.

I've sued twice to recover my deductible after someone committed negligence which caused me damages, both times successfully--including collecting. Once against a municipal entity even. (I wasn't looking for pain & suffering, etc., just my out of pocket losses that weren't covered by insurance, which the court agreed was reasonable.)
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