Tenant personal property damaged thru landlord negligence

Tenant personal property damaged thru landlord negligence

Member since 2020 · 3 posts · 1 vote

Unlicensed uninsured tree trimmers the landlord hired, downed limbs on house power line causing huge power surges. Landlord did not notify Oncor before the work started.

Tenant notified landlord when the limbs came down. Landlord still did not contact Oncor.

tenant notified landlord of continuing power surges. 5 days after the incident landlord finally called Oncor to fix the problem.

Oncor repairman told tenant landlord should have called before trimming. Said the surging could have caused a fire.

The power surges took out the lightbulbs in the house, melted several surge bars and plug adapters, ruined a heating pad, the tenant's magnifying work lamp, several other lamps that were plugged in and the refrigerator causing the loss of approximately $75 worth of groceries in freezer. The surge also damaged a component in the furnace.

The landlord when asked to replace the damaged items, said to call Oncor that Oncor would pay.

Tenant called Oncor, spoke to the District Manager. She said that Oncor was not the responsible party.  That the landlord caused the problem by hiring the people he did which were not any of the local licensed companies. And by doing so the responsibility became his.

Tenant went back again to the landlord asking for goods to be paid for. Landlord just kept saying it was not his problem.   Tenant told the landlord there would be a deduction from the rent and proceeded to do so each month as items were replaced. Receipts sent with rent checks.

Tenant deducted small amounts each month for 2 months, then in the third month  after deducting another small portion ,the landlord is retaliating with an termination notice. There is still a balance of $255 that has not been deducted.

Thing is not only was the damage done but the landlord left the tenant without heat or lights for 5 days, with power still surging into the house system.  The house breaker box never was thrown either, which is very strange. The breakers should have engaged at once.

Note: Tenant is a senior on fixed income, which the landlord knows. Tenant has been there 13 yrs.

So who's right and what can be done about it?

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Nathan GesnerBusiness Member
Moderator
Real Estate Broker · Cody, WY · Member since 2010 · 28k+ posts · 41k+ votes
6y

Take the Landlord to court or move out. Those are the viable options.

The DIY Landlord Book4.7248 Reviews
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  • Auburn NY · Member since 2019 · 97 posts · 56 votes
    6y

    What does the lease say about renters insurance? Does the municipality require a CofO  if so request to see an updated co

    Unfortunately most leases have a renters insurance clause which the landlord will not be responsible for losses to the tenants property.   

    If I were the landlord however and I caused this issue I would reimburse my tenant for reasonable damages  and then go after the company who did the work

  • Rental Property Investor · Alton, IL · Member since 2018 · 32 posts · 22 votes
    6y

    @Tsoi Anisoquilli hard to follow this timeline... can you clean it up so it makes more sense? from what I gather it seems like the landlord made a mistake and instead of just handling it in a professional manner theyre adding fuel to the fire. Especially since they've had said tenant for 13 yrs. That tenant has probably paid for the property plus some in that time. The least they could do is claim it on their insurance... admit fault, apologize and move on. Should have hired reputable people... 

  • Rental Property Investor · Erie, PA · Member since 2018 · 6k+ posts · 9k+ votes
    6y

    Why did the tenant not have renters insurance ? 

    Why did the tenant deduct their expenses off the rent ? That is completely separate 

    Why  is tenant blaming landlord for an act of God and something out of the landlords control ?

    Why didn’t the tenant replace his own personal property if it amounted to such a small price ? 

  • Member since 2020 · 3 posts · 1 vote
    6y

    No lease, no renter's insurance. Landlord doesn't put anything in writing or even give receipts.

    >Dennis M. Obviously you didn't read it all. No act of God.  Landlord chose to hire unqualified people to do trimming over the power line.  We aren't talking about a caring landlord here who does proper maintenance. He has 9 houses all in poor condition, all occupied by people with low income scrambling to keep a roof over their heads.

      Tenant is 70 with only social security. You try and replace $500 worth of necessary stuff when your rent and utilities take 80% of your income each month. Even an additional $20 or so a month for renter's insurance is a hardship in this case.

  • Nathan GesnerBusiness Member
    Moderator
    Real Estate Broker · Cody, WY · Member since 2010 · 28k+ posts · 41k+ votes
    6y

    Take the Landlord to court or move out. Those are the viable options.

    The DIY Landlord Book4.7248 Reviews
  • Contractor · Oxford, MA · Member since 2018 · 807 posts · 745 votes
    6y

    Sorry but there is no magic answer. You cannot just decide to not pay your rent because you need to replace items. That is what was done, the rent wasn't paid so they're told either pay or leave. Without an agreement you can't just not pay rent. The other option is to stay there and take the landlord to small claims court for the balance. Chances are the landlord is probably charging well under market rent though and depending on where this is, they migth be able to kick the old person out in 30 days, clean the place up and double what they're charging. The tenants age or how long they've lived there means zero, the only things that matter are the actions that lead to the eviction notice 

  • Rental Property Investor · Northern, CA · Member since 2012 · 5k+ posts · 5k+ votes
    6y

    @Tsoi Anisoquilli You don’t mention what state this is in, but even in states that allow “repair and deduct” it’s almost always limited to repairs that are necessary to keep the home in a habitable condition and that the landlord is refusing or failing to make. But that’s not the case here.

    What you’re describing is a situation where a tenant had personal property damaged and is trying to force the landlord to pay for it by deducting the cost of that property from their rent. No state allows that. So if the tenant did that, the landlord would not be “retaliating” by attempting to collect the past due rent or terminating their tenancy if they didn’t pay it in full, he’d be doing what the law allows him to do and I’d assume what most any landlord would do to enforce their rental agreement. 

  • Rental Property Investor · Erie, PA · Member since 2018 · 6k+ posts · 9k+ votes
    6y

    This is why you get rental insurance . So your stuff is covered in an unlikely event at the rental property . When re reading your post i see what you mean about the landlord being somewhat negligent here however that doesn’t negate the fact this person has been a tenant for 13 years and alive on earth for 70 years . So your saying The person couldn’t pay 12$ a month for insurance for peace of mind with their belongings ...Or save back 500 for an emergency fund in all that time ? Come on now we were born at night but not last night . The rent is the rent and you pay that regardless and you get renters insurance to cover unexpected loss of your personal property . It’s common sense but some folks would rather spend that money each month on cigarettes and booze clothes eating out nikes etc, . Your buddy is going to get thrown out for breaking the lease if he doesn’t start paying his rental obligation 

  • Real Estate Broker · Northeast PA · Member since 2017 · 2k+ posts · 2k+ votes
    6y

    Look at it from the landlord's side.  "I'll hire an unlicensed, uninsured contractor to trim trees so I can save a few bucks".  That 'savings' will go 'poof' with either court costs or vacancy/lost rent.

    While I'm not an advocate for 'tenant rights' (and remember there are always at least 3 sides to every story) from what the poster claims, the landlord dodged a bullet--no one was hurt and the house didn't burn down.  IMO, just give the tenant some money, light a candle, and learn a lesson.

  • Investor · Milwaukee, WI · Member since 2013 · 1k+ posts · 1k+ votes
    6y

    I don't use this word often, but you have a slumlord. Slumlord might be too kind a word. That said, you are handling this the wrong way, unless your state allows you to just deduct these sorts of damages from rent - but I've never heard of that anywhere.

    You need to find out if the personal property damages can be charged to the owners negligence at all. If so, the likely course is a claim in court.

    Because deducting damages from rent is likely not allowed, your slumlord is going to win in court. If you don't want to get evicted, I suggest you come current with rent immediately and go after your damages some other way.

    I am really sorry to hear this happened. You're right, it's strange the breakers did not trip when things are melting. The power company is right too, it's fortunate a fire has not broken out. Has anything been done to fix any of this??? That would be my first priority if I was in your shoes. That place is a fire waiting to happen if nothing's been done. Shame on that slumlord. You might be able to file a complaint with the city for safety violations, but I would ask the landlord to fix it first.

    Again, my advice is to first come current with rent. Second hound that slumlord to fix the problem. Third go to the city and file a complaint if nothing is done. Fourth go after damages.

    Some places allow you to withhold rent if the landlord doesn't fix certain things, but do not mistake that with the obligation to pay rent - you will still have to pay it once the items are fixed, including the back-rent.

    Damn. This story breaks my heart and gets me really ticked-off. Possessions are replaceable, lives are not. No landlord ought to be doing crap like this. It's one thing to do some crap work that makes a place look ugly and quite another to act like a complete fool when it comes to safety. There is no way in hell they didn't know dropping limbs on a service line was a safety issue.

  • Member since 2020 · 3 posts · 1 vote
    6y

    Thank for all the replies. I see this forum is more for landlord's, then for a tenant with issues.

    its very sad to see how many of you are morally bankrupt. Just because the law states one fact, doesn't mean you as a landlord are not morally responsible for your actions and bad decisions.

    When any person causes damage to another person or their property, that person is both morally and financially responsible for that damage.

    Your responsibility is not negated because the other  person didn't have some type of insurance .

    Not everyone has the finances to afford renter's insurance no matter what some of you aspiring real estate moguls may think.  $12 or $20 dollars a month maybe a minor amount to you but to a senior citizen on a fixed income it can mean the difference between eating the last week of the month or buying needed medicine.  And not everyone has the ability to have an emergency fund either. Nor does that inability make those people deadbeats.

    What I see here, are a bunch of people (not all) who have lost their moral compass. You all have bought into all these real estate programs to the point where you have totally lost your humanity.  Those if you that think and act this way , are the reason for the esculating homeless in every state.

    You all quote the law all well and good.  How about FAIR?  How about TAKING RESPONSIBILITY FOR YOUR BAD DECISIONS that causes a financial problem for another?

    Go ahead and hide behind the law if that makes you feel righteous,  but it certainly does not make you a good person.

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