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Triplex's are headaches...

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  • Posts 8
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Ian K.

posted about 1 month ago

The power has been going out on 2nd/3rd floor.  I've hired electricians, they don't know whats happening, were just trying different things so it's been taking over a month to fix.

The power goes out at 5 or 6 am when I'm not awake or the 1st floor tenant is not home. 

So I gave the 2nd floor tenant a key with access to the 1st floor basement one night.  It is separated by a locked kitchen door to 1st floor main.

2nd floor told 1st floor this.  Now 1st floor is threatening to sue me for giving her a key to this basement with the breaker.  and putting her "in danger" giving a stranger a key to her storage unit.

Does she have a case?

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Julie Hartman
Property Manager from Denver, CO

replied about 1 month ago

Just to clarify: you gave a key to 2nd floor tenant for the 1st floor unit and didn't ask permission first? I am not an attorney but I would say yes, she has a case. This is a breach of trust. Would you want someone to give out keys to your home without your consent? You are putting someone at risk. Once you give out a key, you lose control of that key and the person who has it. What does your lease say about access? You might be able to salvage this by telling the tenant you will pay to have the locks changed asap and you and her will be the only key holders and pray she doesn't sue. Then get an estimate to have your breaker box moved. 

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Ian K.

replied about 1 month ago

Yes, the power kept going out.  The 1st floor unit is out of town for work and it was going off at night when I would be asleep.

If it was to a basement storage unit and it was to a tenant on the 2nd floor to flip the box because it's winter time.  No I would not particularly care.  If they changed the locks after...I would not care.  

It was to the basement side door downstairs to a storage unit.  A locked kitchen door separates that from her main unit.

There is nothing in the lease about the basement. This is my first house and I'm new to this.

I told her I'm changing the locks.  So she could sue for breach of trust? There is no damage done, nothing is stolen...

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Check Rosette Top Subjects:
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Tom Wagner
Investor from Boston, MA

replied about 1 month ago

Just to clarify, this could happen with any property. It's not a problem that you bought a triplex -- the problem is that you bought a presumably old house with electrical issues.

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Ian K.

replied about 1 month ago
Originally posted by @Tom Wagner :

Just to clarify, this could happen with any property. It's not a problem that you bought a triplex -- the problem is that you bought a presumably old house with electrical issues.


Thats true, but having 3 fridges running in 1 house along with space heaters... and 2/3 being on the same breaker.

Also the Breaker box being in the basement of unit 1 and the others needing access. 

And having to deal with 3 units blaming me for the issues all at the same time. 

 

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Julie Hartman
Property Manager from Denver, CO

replied about 1 month ago
Originally posted by @Ian K. :

Yes, the power kept going out.  The 1st floor unit is out of town for work and it was going off at night when I would be asleep.

If it was to a basement storage unit and it was to a tenant on the 2nd floor to flip the box because it's winter time.  No I would not particularly care.  If they changed the locks after...I would not care.  

It was to the basement side door downstairs to a storage unit.  A locked kitchen door separates that from her main unit.

There is nothing in the lease about the basement. This is my first house and I'm new to this.

I told her I'm changing the locks.  So she could sue for breach of trust? There is no damage done, nothing is stolen...

Perhaps I misunderstood your description - it was to a storage room? If that is the case then I would not think she could make a legal challenge for that. However, giving the key for her storage area to another tenant was still a bad idea, if that is what I am understanding to be the issue. I wish you luck in sorting this out. 

 

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Check Rosette Top Subjects:
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Jill F.
Investor from Akron, Ohio

replied about 1 month ago

In Ohio, you are required to provide tenants access to the electric fuse/breaker box for their unit. You should set up a code lock and make sure tenants know that other tenants will have access to the space where the breaker box is located. Since no one was hurt and nothing was stolen, Not a lawyer but I don't think she would have much of a lawsuit (who wants to spend all that money on lawyers when they don't have any damages?). Also, you probably should not allow space heaters since they can be a fire hazard. 

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Ian K.

replied about 1 month ago
Originally posted by @Julie Hartman :
Originally posted by @Ian K.:

Yes, the power kept going out.  The 1st floor unit is out of town for work and it was going off at night when I would be asleep.

If it was to a basement storage unit and it was to a tenant on the 2nd floor to flip the box because it's winter time.  No I would not particularly care.  If they changed the locks after...I would not care.  

It was to the basement side door downstairs to a storage unit.  A locked kitchen door separates that from her main unit.

There is nothing in the lease about the basement. This is my first house and I'm new to this.

I told her I'm changing the locks.  So she could sue for breach of trust? There is no damage done, nothing is stolen...

Perhaps I misunderstood your description - it was to a storage room? If that is the case then I would not think she could make a legal challenge for that. However, giving the key for her storage area to another tenant was still a bad idea, if that is what I am understanding to be the issue. I wish you luck in sorting this out. 

 

Yes the basement is unfinished and just an area for storage...its still part of the unit 1, but it's blocked off by a locked kitchen door.  

I know it was a bad idea, I make awful decisions all the time lol.  But like the 2nd floor tenant had a background check, she works for the county courts.  It's the middle of winter, they need their electric to be on...if it goes off at 5am, I don't wake up til 11 am...the 1st floor is out of town often....like what do i do?  I've been actively trying to fix it w electricians coming over and trying things...

But thank you.

 

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Ian K.

replied about 1 month ago
Originally posted by @Jill F. :

In Ohio, you are required to provide tenants access to the electric fuse/breaker box for their unit. You should set up a code lock and make sure tenants know that other tenants will have access to the space where the breaker box is located. Since no one was hurt and nothing was stolen, Not a lawyer but I don't think she would have much of a lawsuit (who wants to spend all that money on lawyers when they don't have any damages?). Also, you probably should not allow space heaters since they can be a fire hazard. 

I read online its for 4 units or more that is the case...IDK how accurate that is?

 I told the girl, we can put up another door for extra security for tenants to have access. She said "NO i wanted that apartment for the extra space!!!" ...

So what do I do, move the breaker somewhere else? 

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Jill F.
Investor from Akron, Ohio

replied about 1 month ago

@Ian K. Where is your triplex located? It is your job to know the rules where you do business. What does your lease with this first floor tenant  say about the basement? Assuming that the lease does not explicitly include the basement area with the first floor apartment, and since there is a locked door between her apartment and the basement, I'd tell her too bad and happy clause her (offer to let her out of lease without penalty since she's not happy here) if she won't be reasonable about breaker access.

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