If my tenant did not report a leak, then what obligations do I have if the premise is uninhabitable?
Oh man, that's a tough one. Sorry for your troubles! I think you'd have to prove that the tenant knew about the leak and didn't report it. If the leak stayed inside the closet, even with the armoire there, they may not have known about it. Just the fact that there was something in front of the closet, I don't think is negligence in itself. There's no rule about looking in there to see if it's leaking on any regular basis. I think your best bet is to get out your landlord's rental insurance policy and just get it taken care of. I found the Virginia landlord/tenant handbook here. It's a PDF file. It's the law code, so it's cumbersome to read, but...Go to page 31 to the section on fire or casualty damage. It explains that if the work is so substantial that the tenant has to move out of the unit, either of you can break the lease. http://www.dhcd.virginia.gov/Homelessnes... That said, I've had to replace kitchen floors in studio apartments here that took a week, in fact it was because of a leaking hot water heater (she didn't realize it was leaking under the linoleum until the floor started squishing) and the tenant just lived through it. I would think that your tenants should be able to stay through the repairs, too. As far as mold, that is also mentioned in the handbook above. To search that document, click your curser anywhere on the document, then hit control F on your keyboard. A little search bar will pop up. Then put "mold" in the search bar and you can read what it says about mold. What I saw said something about they had 5 days from moving in to report mold they knew about. Other than that, what I saw by just skimming, was that you need to comply with any health depts, etc., to fix things if necessary. Anyway, my advice is to just fix it, as I doubt you can prove tenant negligence. And if they're good tenants, might as well keep them happy. Hopefully, your insurance will cover it - and maybe they'll even pay for a nice new floor or carpet :-)
Who is responsible to fix furnace if tenant is negligent?
Read your lease. Many leases require that tenants promptly notify landlords of known problems. For example, the lease I use states: "The Tenant is responsible for...Promptly reporting in writing to the Landlord any defect, damage, or breakage. Failure to report shall make the Tenant liable for the repair of any additional damage." It also states: "Except as otherwise noted the Landlord shall maintain the Premises in good repair and tenantable condition and shall be responsible for repairs not due to the fault or negligence of the Tenant during this lease." You say that the tenants "knew this but did not contact us." Under the terms of the lease I use, the tenants would have been required to contact me. Failure to do so would be negligence on their part and thus make them liable for all resulting damage. Your lease may be different. If they are liable, then--according to the terms of the lease--you bill them for the amount they owe. If they fail to pay (per the terms of the lease), they've violated the lease, giving you grounds to evict them. So you really have two questions. The first is: What does your lease say? Second: If it makes the tenants liable, how much do you want to pursue the issue? Hope that helps.
Is the tenant responsible for a water bill due to a running toilet?
I'm a renter and the lease says to report leaks, running toilets/sinks immediately. However, I wasn't aware that the toilet was running and now the landlord wants me to pay $1,200. Is it still my responsibility if I didn't know it was running?
Who is responsible for the furnishing damaged after a flooding: landlord or tenant?
It depends on two things.What does your lease say regarding insurance liability between landlord and tenant?Who owns the furnishings?Barring the lease stating that one party has liability to indemnify the other for damage to the furnishings, the owner of the furnishings that have been damaged is responsible. Put more plainly, if the furnishings are yours, you are responsible. If the furnishings are your landlord’s, they are responsible.The exception would be if you or the landlord caused the flooding. For example, if you were filling the tub and got distracted and it overflowed causing damage to the landlord’s furnishings, you would be responsible because you negligently caused the flood.If the situation was that the water heater was leaking, the landlord did not fix it in a timely manner, and then it ruptured causing a flood. The landlord would be liable because he caused the flood by neglecting needed repairs.If the situation was that a hurricane hit your area and the property flooded, this is not caused by either the landlord or the tenant. In this case, if you own it, its your responsibility.
Is my landlord responsible for providing alternative housing if I had to leave the apartment temporarily due to a carbon monoxide leak?
I had to be evacuated from my apartment the other day due to a carbon monoxide leak. If it takes longer than a few days to fix, is the landlord responsible for providing alternative housing? Or do I just have to hope I can stay with friends or family? Also, can I withhold any rent if I'm out of the apartment for longer than a few days?
Is my landlord responsible for a ruined washer/dryer?
Our W/D is in the common area of the house (garage) and his plumbing got backup and water came back out of the pipes after my neighbor washed clothes. Garage under 4 inches of water and landlord will not call me back. I am afraid my W/D is broke and my clothes will be ruined. My question is: if the plumbing somehow broke, is the LL responsible for damage to my W/D and clothing? FYI - moving 09/01/07 - and I am all paid up. I have no leverage
In case of house rental, tenants have the right to ask the landlord for the house maintenance or it is the liability of the tenant himself/herself?
It is the responsibility of the landlord to maintain the property unless specified otherwise in the lease. If it is an emergency, the tenant notifies the landlord (the tenant needs to have a record of having notifies the landlord). If the landlord doesn't deal with it, then the tenant calls a repair person, pays the repair person, then takes it out of the next month's rent, and supplies the landlord with a receipt. Most leases say that clogged toilets and drains are the responsibility of the tenant, not the landlord. If the tenant is the one breaking things, then it is not the landlord's responsibility. For instance if the tenant has a dog that breaks the window screens, then the broken window screens are the tenant's responsibility. Burnt out light bulbs inside the apartment or house are also the tenant's responsibility.
My tenant went to use the hose in the backyard and didn’t shut it down, the pipe ended up freezing and broke, the basement flooded as a result, is he responsible for the damages?
My tenant went to use the hose in the backyard and didn’t shut it down, the pipe ended up freezing and broke, the basement flooded as a result, is he responsible for the damages?What did the contract say that you had him sign regarding use of the hose? Was he allowed to use it? If not, why did he have access to it? If so, who was responsible for “winterizing” the building?I used to live in a building where tenants could use a hose. In the fall, the maintenance man would come around and turn it off. The maintenance man also cut the grass and removed snow. If you do that for your tenant, it seems you should also check that all outside water is turned off for the winter.Good communication would mean that you tell your tenant that the water has been turned off for the winter and that if he uses the hose again he must be sure to turn it off lest it freeze. Did you do all that? If so, things go a long way in your favour.I still think this situation reeks of irresponsibility on the part of the landlord, i.e. how could there have been frozen water pipes in his building without him knowing about it? Were you notified but didn’t bother checking it out? If so, I have very little sympathy for you and your damages. I have been a tenant all my life, at the mercy of landlords. Fortunately, most of them have been decent responsible people. The few that aren’t make a lasting impression.
As a landlord, can I state in an initial contract with a tenant that there will be only 2 plumber visits per year, otherwise the tenant pays?
Good luck with that. I rent a place with persistent and systemic plumbing issues (leftover salad and carnitas from dinner bursting up through the shower drain, anyone? I promise you, there is NOTHING GROSSER to behold this side of sewage—which was what I thought it was when I first saw it) and that's just one of the incidents. Another time the toilet literally just fell apart because the bolts holding the tank to the toilet unit had finally rusted to dust. The entire bathroom flooded, and water soaked all my storage boxes in the basement.I've had to call, in various stages of distress, for plumbing help many, many times, and each time was thoroughly warranted, as there are problems here (and a very costly solution) that the owners simply don't want to confront. The way I see it, they're lucky for my current inertia, and lucky that I don't report the house as unfit for renting, given its many issues.Any of these problems with the plumbing were well beyond my abilities to address or resolve. What you can do is look for a local handyperson who you can pay a (much cheaper) amount to in the event that there's a minor incident with the plumbing. That's the way my last couple of landlords (who did not live in the area) have handled things.