Landlord is kicking me out to make repairs to ceiling

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Landlord is kicking me out to make repairs to ceiling

Allen Lopez
Rental Property Investor · Baton Rouge, LA · Member since 2018 · 151 posts · 13 votes

Hey everybody. I have a question, my current landlord needs to do some repairs to the ceiling. Long story short the ceiling has had a leak for over a month now to the point that it

Will need to be completely demoed and redone. I still have About six months on my current lease. She is telling me that I will need to find a new place to lease. She has found me a new apartment in the same complex about five doors down but it will cost about $100 more per month. Additionally this will cost me because I will need to get my drivers license as well as those of my family changed, and not to mentioned the moving and relocating the utilities.

The main question I have is cant you really just up and break the lease like that for repairs. Shouldn’t she also have to reimburse me for my expenses and at least pay for the difference in rental price? It should be noted that she knew about the leak for months I said let her know but she refused to do anything about it. The property is located in Miami Florida.

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Kyle J.
Rental Property Investor · Northern, CA · Member since 2012 · 5k+ posts · 5k+ votes
5y

@Allen Lopez Well now that you tell us she’s offering you $1600, I think that’s more than fair. 

She can’t help that the ceiling needs to be repaired (“demoed and redone” according to you). So it’s a significant repair.

Look at it this way, if this didn’t happen now, it was definitely going to happen in 6 months when your lease is up. And at that time, you’d still have to move and all those same expenses you claim you have now (e.g. moving expenses, cost to change your address on driver’s licenses, moving utilities, etc). However, I guarantee you the landlord wouldn’t be offering you $1600 then. She’d be offering you zero because your lease would be up.

So take the $1600 offer and enjoy your new leak-free (and mold-free) apartment. 

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  • Scott Mac
    Austin, TX · Member since 2019 · 5k+ posts · 5k+ votes
    5y
    Originally posted by @Allen Lopez:

    ... She has found me a new apartment in the same complex about five doors down but it will cost about $100 more per month. ....

    She wants to break the lease early and offer you another unit for $100 more...

    1Reply
  • Kim Meredith HamptonBusiness Member
    Real Estate Broker · St Petersburg · Member since 2014 · 2k+ posts · 2k+ votes
    5y

    @Allen Lopez most lease agreements have a clause in them, that if the house needs extensive work and you will be forced to move because of repairs; 

    Either, you could vacate during the repairs, rent is abated at the time you can’t occupy the property, OR your lease is terminated if the repairs will take an extensive time

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    0Reply
  • Theresa HarrisPro Member
    Member since 2019 · 15k+ posts · 11k+ votes
    5y

    Kim is right. In most places if the repairs need to be done and the house can't be lived in, the tenant needs to find a place temporarily or break the lease.  If the ceiling has been leaking for a month, there is probably more damage and remediation that needs to be done.  The other option is you find a new place to live on your own.

    0Reply
  • Account Closed
    Member since 2021 · 240 posts · 300 votes
    5y

    Does your renter's insurance cover temporary living while the work is being done? 

    1Reply
  • Allen Lopez
    OP
    Rental Property Investor · Baton Rouge, LA · Member since 2018 · 151 posts · 13 votes
    5y

    @Scott Mac

    No she is only offering us to pay the first months rent on the new apartment. So she is offering $1600 pretty much.

    But when yo unthinkable about it, 6 months rent (left of the contract), would be $600. Add to that the moving expenses if I hired movers $800-1000. Changing the driver’s licenses (for 3 people in the house) is $75. Moving utilities about $100. That’s about $1500-1700. So what she is offering isn’t too bad, but Idk why I feel like I am getting is not fair. Any thoughts?

    0Reply
  • Allen Lopez
    OP
    Rental Property Investor · Baton Rouge, LA · Member since 2018 · 151 posts · 13 votes
    5y

    @Allen Lopez

    Also i forgot to mentioned that I told her and the HOA that the roof was leaking about 6 months ago and now the entire ceiling is filled with mold.

    0Reply
  • Kyle J.
    Rental Property Investor · Northern, CA · Member since 2012 · 5k+ posts · 5k+ votes
    5y

    @Allen Lopez Well now that you tell us she’s offering you $1600, I think that’s more than fair. 

    She can’t help that the ceiling needs to be repaired (“demoed and redone” according to you). So it’s a significant repair.

    Look at it this way, if this didn’t happen now, it was definitely going to happen in 6 months when your lease is up. And at that time, you’d still have to move and all those same expenses you claim you have now (e.g. moving expenses, cost to change your address on driver’s licenses, moving utilities, etc). However, I guarantee you the landlord wouldn’t be offering you $1600 then. She’d be offering you zero because your lease would be up.

    So take the $1600 offer and enjoy your new leak-free (and mold-free) apartment. 

    16Reply
  • Scott Mac
    Austin, TX · Member since 2019 · 5k+ posts · 5k+ votes
    5y
    Originally posted by @Allen Lopez:

    @Scott Mac

    No she is only offering us to pay the first months rent on the new apartment. So she is offering $1600 pretty much.

    But when yo unthinkable about it, 6 months rent (left of the contract), would be $600. Add to that the moving expenses if I hired movers $800-1000. Changing the driver’s licenses (for 3 people in the house) is $75. Moving utilities about $100. That’s about $1500-1700. So what she is offering isn’t too bad, but Idk why I feel like I am getting is not fair. Any thoughts?

     So explain to her what you explained to me and ask for 1700.

    Then once you're settled in, you'll be in a much better (normal) unit.

    Good Luck!

    1Reply
  • Bryan Devitt
    Contractor · Oxford, MA · Member since 2018 · 807 posts · 745 votes
    5y

    Your landlord is being reasonable, you are not. 

    The End 

    4Reply
  • Allen Lopez
    OP
    Rental Property Investor · Baton Rouge, LA · Member since 2018 · 151 posts · 13 votes
    5y

    @Kyle J.

    Yeah I agree. So the other part is that we told her 6 months ago about the leak and she did nothing so for all that time and mold started growing all over the ceiling and furniture. Now we have to throw away all our furniture. Plus isn’t there a health risk associated?

    Also.....can we sue her for negligence?

    1Reply
  • Joanne Tsai
    Investor · Millburn, NJ · Member since 2018 · 141 posts · 100 votes
    5y

    @Allen Lopez

    You really don't know if it was your landlord or HOA who was dragging their feet regarding repair. Would you be happier if they asked you to move out 6 months ago?

    If there is a HOA involved, typically they are responsible for roof repair.

    We love tenants who threaten to sue their landlords.

    2Reply
  • Michael Gessner
    Pomona, NY · Member since 2016 · 375 posts · 217 votes
    5y

    @Allen Lopez how about you stop looking for a freebie, your land lord is being more then fair with you. Things happen in life, doesnt mean you need to sue someone, especially someone who is trying to help you, they're offering you $1600 plus found you a place. Seriously grow up and move on with your life.

    13Reply
  • Allen Lopez
    OP
    Rental Property Investor · Baton Rouge, LA · Member since 2018 · 151 posts · 13 votes
    5y

    @Michael Gessner

    Guessing you are a landlord. Typical answer

    1Reply
  • Michael Gessner
    Pomona, NY · Member since 2016 · 375 posts · 217 votes
    5y

    @Allen Lopez nope, this is why I'm not, I only flip. Your landlord sounds more then reasonable, go after the ones who really could care less, not the ones who seem to actually be trying to help, I dont know all the circumstances, the chances of you being able to sue and win after they've assisted you and are clearly trying to make things right are slim.

    6Reply
  • Craig Parsons
    Contractor · Orofino ID, Hollister CA · Member since 2021 · 139 posts · 71 votes
    5y

    This maybe silly but if he unit you were in is only 5 doors away and the current unit would be empty why cant you just use th eold address until the end of your lease. This would at least solve one problem.  Secondly remember this when your tenants have a similar problem hope the don't sue you!

    2Reply
  • Charles Thompson
    Contractor · Pittsburgh · Member since 2021 · 20 posts · 16 votes
    5y

    @Allen Lopez

    I would say ignore the negativity . Secondly I would personally take the positives from this situation.

    you are getting paid to leave a place you did not want to be in.

    You learned a valuable lesson from a landlords prospective, the pros and cons of owning with a HOA.

    You also learned the law on ended a lease because of a major repair as a landlord and a tenant.

    ALL FOR FREE!!

    All of this knowledge just better prepares you for tomorrow from your outlook today. Count your blessings.

    9Reply
  • Jai Reddy
    Edmond, OK · Member since 2012 · 456 posts · 270 votes
    5y

    @Allen Lopez

    Go ahead and talk to a lawyer to begin the lawsuit. Please do come back and tell us what your lawyer suggests. Why do you want to listen to reasonable suggestions from Landlords on this website?

    1Reply
  • NA Rivera
    Member since 2021 · 1 post · 1 vote
    5y

    @Allen Lopez Hi, to keep it basic. Review your lease agreement and consult an attorney for legal advice. Depending how a lease is drafted, you may have some protected rights as tenant with this specific instance.

    1Reply
  • Shiloh LundahlPro Member
    Rental Property Investor · Gilbert, AZ · Member since 2016 · 3k+ posts · 4k+ votes
    5y

    @Allen Lopez on the one hand you are upset that the landlord didn’t take care of the roof leak earlier which sounds like it may have necessitated a move 6 months ago. On the other hand you don’t want to move before your lease is up without more compensation. It sounds like your landlord is being more than fair by helping out with moving expenses.

    By the way, by saying “typical landlord” in response to someone’s post, you reveal your own mindset about landlords. You do know this is a real estate investing website right? The majority of us here on BiggerPockets are landlords or people who what to make money from real estate. By stating “typical landlord” in a disdainful way, you are telling your subconscious that landlords are bad and your subconscious will work at keeping you from becoming one. It is the same when people hold resentment towards rich people and don’t like them because they are rich. Our subconscious limits our progress according to our belief system.

    It wouldn’t be too far of a stretch to say the same about you “typical entitled tenant” which isn’t really helpful. That fact that your landlord helped you find another place to life and is giving you money to help move is more than generous. I’d encourage you to be grateful and really get to know landlords more to help you change your opinion of them. If you do, you may just become one and it could change the trajectory of your life forever.

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    13Reply
  • Theresa HarrisPro Member
    Member since 2019 · 15k+ posts · 11k+ votes
    5y
    Originally posted by @Allen Lopez:

    @Scott Mac

    No she is only offering us to pay the first months rent on the new apartment. So she is offering $1600 pretty much.

    But when yo unthinkable about it, 6 months rent (left of the contract), would be $600. Add to that the moving expenses if I hired movers $800-1000. Changing the driver’s licenses (for 3 people in the house) is $75. Moving utilities about $100. That’s about $1500-1700. So what she is offering isn’t too bad, but Idk why I feel like I am getting is not fair. Any thoughts?

     Her offering to pay one month's rent at the new place is generous.  If it is temporary, you probably don't need to change driver's licenses.  If I recall the new place is only a short distance (a few doors down)-why hire movers?

    2Reply
  • Theresa HarrisPro Member
    Member since 2019 · 15k+ posts · 11k+ votes
    5y
    Originally posted by @Allen Lopez:

    @Kyle J.

    Yeah I agree. So the other part is that we told her 6 months ago about the leak and she did nothing so for all that time and mold started growing all over the ceiling and furniture. Now we have to throw away all our furniture. Plus isn’t there a health risk associated?

    Also.....can we sue her for negligence?

     With HOAs she's limited with what she can do.  Why sue her? I get you are mad that you have to move, but we can't always control what happens.

    0Reply
  • Joe SplitrockPro Member
    Moderator
    Rental Property Investor · Sioux Falls, SD · Member since 2015 · 9k+ posts · 18k+ votes
    5y

    Every time someone says the landlord is being fair, you come back with another "I forgot to mention". I fear you are looking to profit from this situation. What they offered to you seems fair, but if your actual costs exceed that amount, I would send a request in writing for the additional amount. Keep all your receipts. 

    As far as the furniture, it seems strange that you would leave your furniture sitting under a roof leak for six months. That expense falls on you for not taking care of your belongings. Also keep in mind that most leases state the property owner is not responsible for your personal belongings. You should have had renters insurance. Even with renters insurance, they may not cover damage that happened over the course of months. 

    As far as your moving expense of $800 to move belongings five doors down the hallway, that seems excessive. It would take a crew of two movers about two hours at most to move your entire apartment. I don't see that costing $800. Why don't you just move your own belongings and pocket the $800. As far as $100 to change over utilities, where does that expense come from? I have changed over utilities and it took me 20 minutes to change over gas, electric, internet, water and garbage. You live in an apartment, so my guess is your utilities consist of electric, internet and maybe water. 

    Just move apartments and be thankful for the free month in rent. 

    4Reply
  • Jason Moomaw
    Rental Property Investor · Member since 2021 · 45 posts · 17 votes
    5y

    @Allen Lopez why would you hire movers for 5 doors down? I would take the weekend and move everything nice and easy, no need for a bunch of boxes or even taking much furniture apart. Sounds like a nice landlord if she found you another place, thats really close. She didn't have to do that. Your landlord or you can't control a roof leak, atleast she is fixing it. At the very most, if she owns that other apartment, I would ask for the same rate for the new apartment. Life happens and a roof leak is just another bump in the road, adapt & overcome.

    0Reply
  • Jason Moomaw
    Rental Property Investor · Member since 2021 · 45 posts · 17 votes
    5y

    @Kyle J. Right, sounds like he is being petty, wish that was my landlord. She basically dod all the work for them, found them a place, no movers needed, and paying them.

    1Reply
  • John Minock
    Investor · Menifee, CA. · Member since 2021 · 48 posts · 29 votes
    5y

    @Allen Lopez

    It is not a typical answer. If you owned the property how would you handle this situation?

    You are being unreasonable.

    Your question about suing the owner is ridiculous.

    Your complaints about changing your drivers license....then don't....either way there is a leak and now mold. Move on

    0Reply
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