Suing (by Laura [MD]) Oct 7, 2021 12:13 AM|
Suing (by Robert J [CA]) Oct 7, 2021 12:59 AM
Suing (by Laura [MD]) Oct 7, 2021 3:02 AM
Suing (by Laura [MD]) Oct 7, 2021 3:04 AM
Suing (by Bonanza [NC]) Oct 7, 2021 6:38 AM
Suing (by plenty [MO]) Oct 7, 2021 7:41 AM
Suing (by Laura [MD]) Oct 7, 2021 8:08 AM
Suing (by Laura [MD]) Oct 7, 2021 8:11 AM
Suing (by Robert J [CA]) Oct 7, 2021 10:31 AM
Suing (by plenty [MO]) Oct 7, 2021 12:30 PM
Suing (by Nicole [PA]) Oct 7, 2021 1:07 PM
Suing (by Ray-N-Pa [PA]) Oct 7, 2021 2:42 PM
Suing (by 6x6 [TN]) Oct 7, 2021 4:51 PM
Suing (by BRAD 20,000 [IN]) Oct 7, 2021 11:30 PM
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Suing (by Laura [MD]) Posted on: Oct 7, 2021 12:13 AM
I have taken many many tenants to court for non payment of rent and lease breaches. Once you begin taking folks to court, you lose your fear of the court system and become litigious.
That said i have a condo that suffered extensive damage due to a building leak that was the responsibility of the condo association. Specifically it was a roof leak, that had leaked before and in the process of repairing the previous repair my unit suffered extensive water damage. The roofing company also due to negligence cut a gas line. Fast forward they removed extensive drywall and put the place back together. Fortunately, the place was empty at the time and on the market for rent.
About a month passed when it was "unavailable" to be rented. Also, just discovered the workers stole all the tools from my turnover bag. Less than $100 in tools, mostly a new heat gun.
The leak happened right after the unit became vacant.
I asked to be reimbursed for the months rent (was vacant but available to be rented right before the leak). They said they would reimburse me 2 months condo fees. Which is about 1/2 of a months rent. They have said give them a list and receipts of what was stolen.
I am thinking I am going to take both the roofing company and the property management company that "managed" the repair folks who stole from me to court instead of continuing the negotiations. Of course they are both corporations and will spend several thousand dollars on lawyer fees if we go to court. Much more than it will cost them to just give me what I am requesting. I will be unrepresented (no lawyer fees) in small claims court. Somewhere & a position I have been in many times before.
At this point I am so irritated I don't even care that much if I win, it is more an FU lawsuit. However i do believe i will win. I once took someone to court (an LLC) for $200, they paid thousands to hire a lawyer to represent them and lose. They wanted to settle out of court, i was pi$$ed and decided to cost them $$$ in legal fees. That is how I feel now....thoughts????
Suing (by Robert J [CA]) Posted on: Oct 7, 2021 12:59 AM
I have thoughts. A friend had a leak in the bathroom ceiling of a condo they were renting out. I explained leaks, mold, working with a condo association, tenants, repairs, insurance etc. In short, do not rely on anyone. Give everyone notice and a reasonable timeframe to accomplish their task. Then after that, get it done yourself and hold others responsible.
My friend with the condo didn't listen to me because I'm crazy. Why convert their owner occupied condo insurance policy that was dirt cheep to a landlord protector policy with a "loos of rent" clause/coverage -- raising the price by $250 a year?
They saved $250 by not upgrading the policy to cover a tenancy. But they also let the association deal with the leak that turned to mold and the tenant got sick. In the end the landlord hadn't the right policy and the insurance didn't have to pay out very much of the claim. The owner lost the condo and had to pay over $200,000 to the tenant.
YOU ARE LUCKY that your unit was vacant. You could have gotten an expert to give you a detailed list of the damages and what it would take to repair them. Then go the association and say, you've got 30 days to hire contractors to restore the unit, other wise you will hand over a claim to your insurance carrier that will fix your unit and sue you for their costs.... Something like that.
In a condo I own a repair 2 years ago I bid out at $3000 to the association. Then a year later with rising cost and the damage growing, the next bib grew to $6,700. Now that the damage are is triple and extended to other units, the new bid is $13,100. Since the association still can't make up their minds, the owners of the affected area are finally pitching in and in 5 days the job will be completed. They couldn't make up their minds in 2-1/2 years, but I'm getting it done in less that a week! --47.155.xx.xxx
Suing (by Laura [MD]) Posted on: Oct 7, 2021 3:02 AM
Robert I am confused by your response. The condo association/roofing company made repairs to the condo unit. Dry wall and ceilings were removed instantly and replaced and repainted. There was no cost to me for the repairs and they were done instantly.
I am going after lost rent (while vacant and unable to rent) and items stolen from the condo when only the workers had access to the unit. --108.56.xxx.xx
Suing (by Laura [MD]) Posted on: Oct 7, 2021 3:04 AM
Why should I make a claim on my insurance ? The deductible is more than I am asking in lost rent. --108.56.xxx.xx
Suing (by Bonanza [NC]) Posted on: Oct 7, 2021 6:38 AM
all I know is I don't want to mess with Laura from MD
Suing (by plenty [MO]) Posted on: Oct 7, 2021 7:41 AM
I'd start planning a vacation and chill out instead of blowing money on legal. Since I am on a condo board I would defend boards position by the facts that the damage was repaired quickly and we reduced your condo fees. The lost of rent is on you. The exiting tenant left on their own, it was fixed like they were still living there. Excellent board response. Let the rest go. Life is too short. Vacation? --172.58.xxx.xxx
Suing (by Laura [MD]) Posted on: Oct 7, 2021 8:08 AM
FYI...the cost to sue, including service with certified mail is $45, I will most likely be awarded court costs. --108.56.xxx.xx
Suing (by Laura [MD]) Posted on: Oct 7, 2021 8:11 AM
It took a month+ to fix, that is not quick in my book. I asked for rent, they offered condo fees....big difference. this is 100% their fault. --108.56.xxx.xx
Suing (by Robert J [CA]) Posted on: Oct 7, 2021 10:31 AM
The best way to collect on lost rent is from your own insurance company for lost income. You will never get a condo association to pay your lost rent. The only way is to prove they were grossly incompetent and had contractors lined up but elected to wait, causing you to loose beyond a normal repair time frame.
One condo association took 6 months to replace carpeting from an air conditioning condensation water drain line back up. The association said, "We had to wait until we found matching carpeting". The owner of the condo got the carpet company to put in writing they had that same color is stock for the past year and could have installed it within days. In small claims court the president lied and the owner of the carpet company showed the judge inventory records showing they wanted to do the install months before they got the okay. --47.155.xx.xxx
Suing (by plenty [MO]) Posted on: Oct 7, 2021 12:30 PM
First of all YOU ARE SUEing YOURSELF as a condo owner! and you yourself wrote: Fortunately, the place was empty at the time and on the market for rent.
SO there is no lost rent. They said they would reimburse you for 2 months condo fees. That is about as fair as they can be!
They just need you to provide a list. They have said give them a list and receipts of what was stolen. FAIR ENOUGH!
They are totally accommodating you as their neighbor, I really don't think sueing them is going to result in anything that than you being madder that the Judge doesn't agree.
Move on .... Let's lunch. --172.58.xx.xxx
Suing (by Nicole [PA]) Posted on: Oct 7, 2021 1:07 PM
the tools - I'd say they are offering but not required to pay. Your tools shouldn't have been there. Someone picked it up "by mistake". Like landlords who demand police reports for things, did you call the police and make a report? Used tools, once out of the box it's used, are worth very little.
Roofer is going to have zero obligation for your lost rent.
Condo association probably has no obligation either - they took care of it. Your "lost rent" rider on your policy will be what pays. Amount is less than the deductible? They are going to say tough. Change your deductible to $100 - you are the one who decided that you could eat the $2500 or $5000 or whatever rather than the $100.
I'd send a letter accepting the association fees, send receipts for the tools, and offer to settle the lost rent for perhaps 3/4 of the amount and *hope* they come back with 1/4 or 1/2 as a don't go to court compromise.
I believe most times a FU law suit is to make the plaintiff feel better, rather than the end result of a win ... do you really want to spend the time and effort?
Suing (by Ray-N-Pa [PA]) Posted on: Oct 7, 2021 2:42 PM
The same builder who builds a set of condos builds a set of apartments in the same location using the same materials and the same employees and the same methods. The place with an HOA is six times more likely to file against the builder than the individual owner.
So HOA cost more to insure. So where I like you filing against the HOA, what prevents the HOA from voting against allowing any units to be a rental, after they are sued?
You might be doing yourself wrong, by exercising your rights --24.101.xxx.xxx
Suing (by 6x6 [TN]) Posted on: Oct 7, 2021 4:51 PM
Is it worth the stress?
How much money difference are you talking?
What is the health cost of the stress?
Sometimes things are better let go. --73.120.xx.xxx
Suing (by BRAD 20,000 [IN]) Posted on: Oct 7, 2021 11:30 PM
No. A hard no.
Vengeance is wrong motivation for anything. It just makes us sour, the beginnings of turning a LL into a bent over old grump.
I WOULD contact the roofing co and TELL them to reimburse for my tools to avoid a lawsuit on their public record.
$100 sounds too cheap for a tool bag of any kind.
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