Slip on Ice Complaint received from tenant

Slip on Ice Complaint received from tenant

Investor · Los Angeles, CA · Member since 2019 · 132 posts · 91 votes

I have a property OOS. One of my tenants texted me and said he slipped on ice on the steps. This was very surprising to me as the temperature had been above 50 the day before and was already over 50 that day, so there may have been some kind of ice storm in the night? It was raining that night. I went right over after he texted me, there was a small amount of ice on the steps. Anyway I was very sympathetic to him, and gave him an extra two months to pay his rent since he said he was in the hospital and couldn't work. He never asked me for anything, and now over a month later he has a lawyer send me a letter stating they want my insurance info to cover all his bills, he has a permanent disability, etc. I suspect this is a result to me raising the rent 10%, but I'm not sure. His rent is VERY under market, so I raised it and this seems very much a retaliation.

Anyway, I googled as much as I could online and found this:

-a landlord is liable if he knew about the problem but didn't fix it [I was not notified by anyone about the unexpected ice on the steps] -a landlord has a certain amount of time to clear ice and snow from the steps, in Boston should be about 6 hours. The fall happened at 10am, so it was still very early and I could have been well within the 6 hour time window. -the letter says the owner's failure property to maintain or divert water run-off through adequate draining but this building has always been like this. There is nothing damaged, there is simply nothing above the steps. He moved into the building when it was like this. -There is a box of salt I provided for tenants in the front hallway area that was still filled when I went to salt the area. -The handrail is in perfect condition and completely useable.

Anyone ever been through something like this? I would really like to represent myself in court but as he has hired a lawyer I probably need to hire one too.

Also, I now want him out of the building since he is now a problem tenant with the extremely late rent. Can I use the fact that his rent is always late to remove him without getting in trouble for retaliating myself?

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Greg ScottPro Member
Rental Property Investor · SE Michigan · Member since 2014 · 4k+ posts · 6k+ votes
5y

When you find yourself in a hole, stop digging.  I would not make one more move until I had spoken to an attorney.

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  • Greg ScottPro Member
    Rental Property Investor · SE Michigan · Member since 2014 · 4k+ posts · 6k+ votes
    5y

    When you find yourself in a hole, stop digging.  I would not make one more move until I had spoken to an attorney.

  • Nathan GesnerBusiness Member
    Moderator
    Real Estate Broker · Cody, WY · Member since 2010 · 28k+ posts · 41k+ votes
    5y

    I'm with Greg on this one. Your very first mistake was offering the tenant compensation. You essentially admitted guilt by offering compensation.

    Keep all communication in writing so it's documented and don't say a single word about his claim or even acknowledge anything he sends you. Contact your insurance company IMMEDIATELY and explain the situation. Let them take it from there and follow their instructions to a "T". Stop playing attorney by doing your own research. Do what your insurance company tells you to do and nothing else.

    If you are in California, this is even more important.

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  • Rental Property Investor · Member since 2020 · 1k+ posts · 1k+ votes
    5y
    Originally posted by @Nathan Gesner:

    I'm with Greg on this one. Your very first mistake was offering the tenant compensation. You essentially admitted guilt by offering compensation.

    Keep all communication in writing so it's documented and don't say a single word about his claim or even acknowledge anything he sends you. Contact your insurance company IMMEDIATELY and explain the situation. Let them take it from there and follow their instructions to a "T". Stop playing attorney by doing your own research. Do what your insurance company tells you to do and nothing else.

    If you are in California, this is even more important.

    I'm jumping on this as well, you pay a lot of money for your insurance and it is time that you get what you are paying for.  They deal with issues such as this every day, this is your first time.  I can guarantee you that this tenant and their lawyer will crush you, the money saved on taking this on by yourself will be pennies on the dollar to what you would save with an attorney.  

  • John UnderwoodPro Member
    Investor · Greer, SC · Member since 2014 · 13k+ posts · 17k+ votes
    5y

    Do you have anything in your lease about snow and ice removal and who's responsibility it is?

  • Rental Property Investor · Dayton, OH · Member since 2019 · 293 posts · 440 votes
    5y

    @Jimmy Chao I’m with Greg and Nathan! Stop, do nothing else until you consult your insurance company. Do not get caught up being a road side lawyer. You pay for insurance and this is why, they will give you the proper direction and they have teams of lawyers on hand for these things.

    I’ve been there over the same thing. Luckily I had cameras that disproved the story, but it’s not fun at all and takes time to resolve.

  • Deniz EkerPro Member
    Philadelphia, PA · Member since 2019 · 102 posts · 48 votes
    5y

    Attorney stat.

  • Investor · Atlanta, GA · Member since 2020 · 3 posts · 3 votes
    5y

    Do not sleep on this.  Talk to an attorney about what your rights and obligations are under your policy or minimally talk to your broker.  There are timeframes, etc. you may need to be mindful of.  Good luck!

  • Ned J.Pro Member
    Investor · Manteca, CA · Member since 2017 · 1k+ posts · 2k+ votes
    5y

    Agree with al of the above..

    First big mistake was offering the 2 months rent....BIG mistake.  Smells of weakness and blood in the water..... and now you have sharks.

    Thus is why you have been paying all the $$ for insurance... .they have lawyers... they know what they are doing...... stop communicating with the tenant or his lawyer.... if they contact you, you refer them to the insurance company... PERIOD..... let them do their job. If you have questions, you talk to them, not the tenant or the lawyer. DO NOT doing anything like raise rent or refuse to fix something or ANYTHING that could be viewed as retaliation.....

    Review your lease in regards to who and how ice removal is to be handled.... give a copy to your insurance company. DO NOT sent ANY documents to the tenant lawyer.... let the insurance company handle that....

  • Rental Property Investor · KY · Member since 2018 · 25 posts · 33 votes
    5y

    @Jimmy Chao

    You should have contacted your insurance company the day it was reported to you. If you haven’t done so, you need to immediately. They have attorneys.

  • Investor · Los Angeles, CA · Member since 2019 · 132 posts · 91 votes
    5y

    @Ashleigh Leach I called my insurance agent yesterday and hand this off to them. 

    @Greg Scott @Nathan Gesner @Todd Pultz I'm sure the lawyers will get into the details, and it's not fraud if he actually fell, but I do feel like this is either very coincidental timing or he approached a lawyer as soon as I told him he had to catch up on his late rent and I will raise the rents next year. The letter said i was at fault for either not removing snow and ice or creating unsafe conditions.


  • Investor · brentwood, CA · Member since 2016 · 1k+ posts · 730 votes
    5y

    @Jimmy Chao

    Contacting your insurance company should get the ball moving in the right direction.

    Where was your oos PM in all of this?

    I'm a CA landlord with midwest properties, my first call with everything is touching base with my local PM as he would be my boots on the ground contact.

  • Denver, CO · Member since 2020 · 112 posts · 95 votes
    5y

    Call your insurance agent. They will use their lawyer and settle out of court. Your premium will go up, probably not by too much, but there's nothing you can do about that now since he's already got a lawyer.

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