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Old 09-21-14, 07:17 PM   #1
stlgrym3
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Default need opinions from attorneys or law students

my rental property had encountered a burglary during termix fumigation. my tenants lost couple grand worth of belongings. they do not have renter's insurance. under normal circumstances they're on their own, however, since the break-in occurred when they were mandatory evacuated due to the fumigation on my property, do they have a case against me (landlord) for their lost belongings?

also the termix company has signed paper they're not responsible for any theft during the fumigation process. however, they did not take picture of how the tent was broken into, and ruined the crime scene by token it down before calling cops, do i have a complaint against them?
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Old 09-21-14, 11:45 PM   #2
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Is the mandatory fumigation written into the contract for the lease? Or does it have a clause where they will be required to leave the premises for maintenance etc? If so, they don't have a case against you. You are not obligated to cover costs when they knew the risk at hand.
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Old 09-22-14, 09:25 AM   #3
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Is the mandatory fumigation written into the contract for the lease? Or does it have a clause where they will be required to leave the premises for maintenance etc? If so, they don't have a case against you. You are not obligated to cover costs when they knew the risk at hand.
i don't think we have that clause in contract with my tenants, but we do have it on our condo By Laws, does that automatically apply to the tenants?
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Old 09-22-14, 10:42 AM   #4
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i don't think we have that clause in contract with my tenants, but we do have it on our condo By Laws, does that automatically apply to the tenants?
Is there a section in your renters agreement where it states they have to adhere to the condo by laws?
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Old 09-22-14, 11:09 AM   #5
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Is there a section in your renters agreement where it states they have to adhere to the condo by laws?
it's complicated than that. we sublease it out to my neighbor, she than lease it out to a couple tenants. we have no contract between us and the actual tenants, we only have contract between us and my neighbor. i don't think we ever mentioned condo by laws in our contract. of my dad's customers is an attorney, he told us we have nothing to worry about since there's no contract between actual tenants and us. we just collecting rents from my neighbor (the sublessor). if tenants refuse to pay rent because of this ordeal, we then have the option to pursuing eviction process which include my neighbor along with the people live in my property. if they feel we're responsible for the burglary damages, they can sue us on small claim court, but they have to pay rent, they're 2 separate things. anyone wants to chime in on that?
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Old 09-23-14, 01:39 AM   #6
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it's complicated than that. we sublease it out to my neighbor, she than lease it out to a couple tenants. we have no contract between us and the actual tenants, we only have contract between us and my neighbor. i don't think we ever mentioned condo by laws in our contract. of my dad's customers is an attorney, he told us we have nothing to worry about since there's no contract between actual tenants and us. we just collecting rents from my neighbor (the sublessor). if tenants refuse to pay rent because of this ordeal, we then have the option to pursuing eviction process which include my neighbor along with the people live in my property. if they feel we're responsible for the burglary damages, they can sue us on small claim court, but they have to pay rent, they're 2 separate things. anyone wants to chime in on that?
They can try to sue you in small claims court, but they will have a better chance suing your sub lease contractors. But then the sub lease contractors can sue you if you did not have a clause in the contract with them. If they will win or not is up to the courts.
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Old 09-23-14, 08:04 AM   #7
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I will just say this.

The legal system is slanted against landlords.
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Old 09-23-14, 09:54 AM   #8
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I will just say this.

The legal system is slanted against landlords.
that's what i'm afraid of. currently, the sublessee is refusing to pay her rent until this is settle. i checked with an attorney yesterday, this was what he said: if the sublessee don't pay rent i can start the eviction process by tear up the contract i have with my neighbor (sublessor) and get my property back. if the sublessee feels like we're responsible for her lost during the fumigation burglary she can go after us in small claim court, but not paying rent isn't one of the options.
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Old 09-23-14, 10:31 AM   #9
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if the sublessee feels like we're responsible for her lost during the fumigation burglary she can go after us in small claim court, but not paying rent isn't one of the options.
This is true. (obviously ) I wouldn't really tear up the contract though.
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Old 09-23-14, 08:38 PM   #10
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Quote:
Originally Posted by stlgrym3 View Post
that's what i'm afraid of. currently, the sublessee is refusing to pay her rent until this is settle. i checked with an attorney yesterday, this was what he said: if the sublessee don't pay rent i can start the eviction process by tear up the contract i have with my neighbor (sublessor) and get my property back. if the sublessee feels like we're responsible for her lost during the fumigation burglary she can go after us in small claim court, but not paying rent isn't one of the options.
Unfortunately rent is not the issue here, they signed a contract to pay a certain amount of rent and just b/c they feel they were unjustly robbed, does not give them any scope to with hold that money.
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Old 09-23-14, 08:38 PM
 
 
 
 
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