Fireplace Addendum (by kim [WI]) Jan 23, 2017 11:44 AM|
Fireplace Addendum (by David [MI]) Jan 23, 2017 11:50 AM
Fireplace Addendum (by Pattyk [MO]) Jan 23, 2017 12:01 PM
Fireplace Addendum (by gevans [SC]) Jan 23, 2017 12:33 PM
Fireplace Addendum (by Amy [MO]) Jan 23, 2017 1:15 PM
Fireplace Addendum (by Moshe [CA]) Jan 23, 2017 1:22 PM
Fireplace Addendum (by RR78 [VA]) Jan 23, 2017 3:05 PM
Fireplace Addendum (by Ken [NY]) Jan 23, 2017 4:31 PM
Fireplace Addendum (by Kim [WI]) Jan 23, 2017 5:00 PM
Fireplace Addendum (by RR78 [VA]) Jan 23, 2017 5:50 PM
Fireplace Addendum (by cjo'h [CT]) Jan 23, 2017 8:54 PM
Fireplace Addendum (by cjo'h [CT]) Jan 23, 2017 9:05 PM
Fireplace Addendum (by Janet [KY]) Jan 23, 2017 10:45 PM
Fireplace Addendum (by Moshe [CA]) Jan 24, 2017 9:39 AM
Fireplace Addendum (by BRAD 20,000 [IN]) Jan 24, 2017 10:59 AM
Fireplace Addendum (by Kim [WI]) Jan 24, 2017 5:36 PM
Fireplace Addendum (by Vee [OH]) Jan 25, 2017 12:41 PM
Fireplace Addendum (by kim [WI]) Posted on: Jan 23, 2017 11:44 AM
State Specific Question About: WISCONSIN (WI)
I have a fireplace addendum that states "use of fireplace is ground for immediate eviction". Tenant used fireplace, I have witnesses and a photo showing the wood, newspaper and lighter fluid next to the fireplace. Soot in the fireplace. My insurance will not cover the use of fireplace and it has never been cleaned. I gave him a 5 day notice with no right to cure. We went to court today and he is fighting because he thinks he should stay as I should have given him a 14 day notice and claims he has a 13 month lease. In reality it was a 12 month lease which is up in May. Will I have problems tomorrow with the 5 day notice? --75.86.xxx.xxx
Fireplace Addendum (by David [MI]) Posted on: Jan 23, 2017 11:50 AM
if you don't want tenant to use fireplace, especially one that is unsafe to use, brick it up. --12.47.xx.xxx
Fireplace Addendum (by Pattyk [MO]) Posted on: Jan 23, 2017 12:01 PM
Since you went to court today... All that matters is what the Judge says. So what did the Judge say? --66.87.xx.xxx
Fireplace Addendum (by gevans [SC]) Posted on: Jan 23, 2017 12:33 PM
If you have a fireplace you "never want used" you should disable the fireplace so it can never be used.
Tenants will do what they want to do. That's a fact.
If you have an unsafe fireplace, eliminate the risk by bricking it up.
You can't rely on your lease to protect your tenants from their own stupidity. What if you had a big hole in the sidewalk? Do you think you could just make them initial a clause to never step in that hole?
CYA: brick it up.
I bricked up one for another LL just last month. --74.222.xxx.xxx
Fireplace Addendum (by Amy [MO]) Posted on: Jan 23, 2017 1:15 PM
I'm sorry, can't really help with the legal question. But, alternate to bricking it up. Cover it with sheetrock. If no mantle or small mantle, you can do this no prob. If there is a mantle you will need to either remove it, or install studs to create an even wall. We have fireplaces in our 1890 Victorian that have been sheetrocked over. No prob. If we ever want to restore the house/fireplaces it will be a heck of a lot less work than if they were bricked up.
Fireplace Addendum (by Moshe [CA]) Posted on: Jan 23, 2017 1:22 PM
I don't know anything about WI, but it seems to me that the tenant is probably correct: That he was entailed to some advance notice, according to law, that his tenancy is terminated for cause.
Your addendum about "immediate eviction" is probably worthless. Another homemade lease.
Fireplace Addendum (by RR78 [VA]) Posted on: Jan 23, 2017 3:05 PM
It depends on what your Judge says.
Here they would still require a reasonable time like a 30 day notice.
But also with a normal eviction.
Most often we will get 10 day procession. We have the court rule in our favor for eviction. And then have the right to take procession in ten days.
So if things don't go your way ask the judge could you have 10 day procession.
Explain the tenant was expecting a 14 day notice. So the 5 days you gave plus the new 10 day procession will actually give him 15 days without going back to court.
Never hurts to try as long as you can make it sound like it makes sense. --50.134.xxx.xxx
Fireplace Addendum (by Ken [NY]) Posted on: Jan 23, 2017 4:31 PM
I would make a "deal" with the tenant before you go into court,ask when he thinks he can be gone,if he gives you a reasonable date accept it and present it to the judge as a deal and he will probably be ok with it,this way the judge isn't forced to make a decision because he may agree with the 14 days and throw it out or he may decide that is not reasonable to throw the tenant out at all.In the future make it unuseable or this will happen again --24.25.xxx.xxx
Fireplace Addendum (by Kim [WI]) Posted on: Jan 23, 2017 5:00 PM
Thank you for the advice!
I was in court today and it was only to determine if tenant wanted to argue the eviction. He does which is why I go back tomorrow.
As for bricking it in, I plan to.
My agreement was an addendum titled non-standard rental provision.
My thought is that if it does get tossed on the grounds of being a 5 day rather than 14 day notice, I simply re-do with a 14 day notice? I am very concerned he will burn down my house and I want him out ASAP.
Fireplace Addendum (by RR78 [VA]) Posted on: Jan 23, 2017 5:50 PM
I would make a decorative plywwod panel screwed to the front of the fireplace.
Have to think of resell value if ever you sell. --50.134.xxx.xxx
Fireplace Addendum (by cjo'h [CT]) Posted on: Jan 23, 2017 8:54 PM
Kim, wouldn't it be easier to have the chimney cleaned,if the people who built the house thought a fireplace would be dangerous,they wouldn't have built it........Charlie...................................................... --174.199.x.xxx
Fireplace Addendum (by cjo'h [CT]) Posted on: Jan 23, 2017 9:05 PM
My daughter is in the Greater Boston Area, in one of the units is a Pellet stove,the pellet stove was a great addition and made the unit easy to rent,gets top dollar because of that.So why ate you shying away from a useable fireplace? Charlie.................................................................. --174.199.x.xxx
Fireplace Addendum (by Janet [KY]) Posted on: Jan 23, 2017 10:45 PM
Our rental is where my parents use to live. So
before he died he installed a nice insert wood stove
into the fireplace . After my brother and I took
over the house I didn't want anyone using that fireplace
for the safety of the home. We chained the doors on
the fireplace and pad locked it. --74.236.xxx.xxx
Fireplace Addendum (by Moshe [CA]) Posted on: Jan 24, 2017 9:39 AM
" My thought is that if it does get tossed on the grounds of being a 5 day rather than 14 day notice, I simply re-do with a 14 day notice? "
The notice period is a matter of law. If your notice given does not comply with the legal requirement, then NO JUDGE should allow the eviction to proceed. Thats a clear violation of the judge's responsibility, and would expose the judge to a reversal of his judgement upon appeal.
You need to find out how to do an eviction in your jurisdiction. Doing an eviction is not simply a matter of filling out forms. Maybe you should hire an attorney to do it for you this time, while you try and watch what he does, on the way to your learning how to do it yourself.
Fireplace Addendum (by BRAD 20,000 [IN]) Posted on: Jan 24, 2017 10:59 AM
What happened today at your second hearing?
Residents do not read leases, and words don't stop actions.
It's a cold night and they rented a home with a fireplace. Could have been anyone - visitor, boyfriend, parent...it's a fireplace - for fires. Seems logical.
Is this really a big deal?
Did they damage the home?
Do I want to incur turnover costs?
Are they not paying? Causing trouble?
Me? Take a deep breath, put on my manager hat and say "Joe, I need to remind you the lease does not allow use of the fireplace" and move on to fry bigger fish.
Rule #1" the LL is in charge" also means *I* am in charge of MY time and profit. A simple letter to the res can save a TON of my FREEDOM!!!
Evicting, turnover repairs/cleaning/painting, re-renting ads/calls/showings/screening/risk of a new resident...a fire in a fireplace is not worth all that.
Fireplace Addendum (by Kim [WI]) Posted on: Jan 24, 2017 5:36 PM
Brad, excellent advice thank you!
I did want them out, irregardless - the neighbors did not appreciate them:)
As for court it was a trial. Judge granted my eviction even with the 5 day no cure notice. He stated it was a safety issue. My lease addendum was weighed heavily as evidence as was the photo I had of the logs, newspapers and lighter fluid. He tried to say he had cleaned out the garage and was getting rid of those things. Judge found it interesting that those three items were staged in front of a fireplace for removal the same day.
All in all, I was very fortunate given I should have filed a 14 day and not filed court papers until day 15. I had given a 5 day and filed with court after day 2. Judge said I could have moved even faster had I wanted to which I found interesting.
I am relieved and already have new tenants waiting. Fireplace will be closed up before they move in:)
Thanks everyone for the quick insightful responses.
Fireplace Addendum (by Vee [OH]) Posted on: Jan 25, 2017 12:41 PM
Place bags of cement in the fireplace until a match can not fit inside, raise the rent - safer now that last tenant. --76.188.xxx.xxx