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So the tenant is supposed to live with broken pipes but you are complaining that they didnt pay???? Unreal. Absolutely unreal. I wouldn't pay you either if the pipes were broken.
ok first off, this is the third time in a week and 3 days that the pipes have burst,before you all mouth off yes they are very well insulated and they have heat tape on them. The reason I cant afford to fix them this time is because the last two times ate up my savings with a cost of over $600. My tenant is to blame in the first place,why you ask, because he has decided that heating the place with the oven is better than the furnace. I have advised him more than enough to use the furnace and he refuses, and to leave the water dripping still refuses.
My place is a trailer that is in a trailer park. The park has insurance so if someone gets hurt on the property. I only have fire insurance to cover my investment. The pipes are under the trailer so their is no damage other than the pipes them selfs.
It is against the law to withhold rent because repairs dont get made. I have also asked the tenant if he could take rent that he owes and call the plumber but he will not do that. I have already had to use his security deposit to fix something else that he broke.
No I'm not in over my head at least I wasnt untill I got the tenant from hell!!!
It is against the law to withhold rent because repairs dont get made.
It is also against the law to rent an unhabitable unit. And there are ways tenants can legally withhold rent. In most jurisdictions, all they need to do is go to the court, tell them the pipes are broken and the landlord won't fix them (and obviously you live somewhere cold if pipes are bursting)--->and then they pay the rent to the court to hold until the unit is made livable or there is some other legal resolution. So you wouldn't get the rent.
As a property owner/landlord, it is your responsibility to be able to deal with minor issues like this. Such as having insurance which would cover it. The parks liability insurance is irrelevant. The only person their insurance protects is them, not you.
And if the pipes are bursting 3 times in 10 days, they are exceptionally poorly insulated or in bad condition to begin with for whatever the climate is where it is.
Ok I have had a lot of problems with my rental. The last was pipes bursting because tenant didn't use the furnace. I can not afford to get the pipes fixed because like most every one else in the country i'm broke. Tenant is behind one month with rent so I have decided that I want to sell. I am going to serve him tonight with a 3 day notice to pay or quit. I know he will not pay me because I have not fixed the pipes.
My question would be is can I list my place for sale and serve him with the 3 day notice to pay or quit and what do I give hime if he pays because I still want to sell my place and want him to move as soon as possible before any more damage to my property.
You need to look into the real estate laws of your state; they vary from one to the next.
If he's behind a month in rent you probably don't have to give him the option to pay or leave; late payment should be grounds for eviction. Period.
You'll likely have to get a court order for the eviction, then he'll have more time to leave after that's served, and if he still doesn't leave you'll have to wait for the sheriff to bodily remove him. It normally takes awhile. Most state laws are written in favor of the renter so he's not tossed out into the cold.
All this is speculation, of course, since it's YOUR state law that governs it.
It is against the law to withhold rent because repairs dont get made.
It is also against the law to rent an unhabitable unit. And there are ways tenants can legally withhold rent. In most jurisdictions, all they need to do is go to the court, tell them the pipes are broken and the landlord won't fix them (and obviously you live somewhere cold if pipes are bursting)--->and then they pay the rent to the court to hold until the unit is made livable or there is some other legal resolution. So you wouldn't get the rent.
As a property owner/landlord, it is your responsibility to be able to deal with minor issues like this. Such as having insurance which would cover it. The parks liability insurance is irrelevant. The only person their insurance protects is them, not you.
And if the pipes are bursting 3 times in 10 days, they are exceptionally poorly insulated or in bad condition to begin with for whatever the climate is where it is.
Have you not read my post's that explain in english my situation? I stated that my pipes are very well insulated. Any pipe no matter how much insulation there may be can freeze when temps get to -30 like they have been where I live.
Really it is not my responsibility to fix some thing that the tenant broke that lays on the tenant. He decided to not leave the water dripping like I had asked,and he also decided not to heat the place properly. I can not go there every day and check to see are you letting the water drip and are useing the furnace that is not reasonable in any means.
this is a perfect example of what happens when amatuers attempt to be landlords and listen to the hype about how buying properties with no money or not enough money will make you rich
Look up what is required to start eviction in your area and start the process.
It may be first a 3 day notice but whatever it is, it takes time so get going.
If the tenant even wants to stay with no water, he must be a doozy....get him out.
Again, I assume you have no written agreement with your tenant and so your position is very tenuous at best. Obviously you knew after the first break that the tenant was using the oven to heat and yet you "fixed" the pipes and expected that the tenant would, upon oral instructions, leap to it and use the proper heating and leave a faucet dripping? And when the pipes broke again just a couple of days later you "fixed" them again and what, told the tenant again that he wasn't to use the oven to heat, etc, and expected him to do the right thing even though he hadn't the first time around?
There's no point being belligerent towards people on this thread because the mess you're in is entirely of your own making. Your fire insurance isn't going to pay out if your current tenant burns up the trailer by using an improper and illegal heating device. If you decide to continue being a landlord, best you take a course in Landlord 101.
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