Do i have the right to keep his rent money for the month that hasn't yet arrived? The house will now be inhabitable for at least 4-5 months and it has been determined by fire officials that the cause of fire is the tenant's negligence.
I have no landlord's insurance so my mortgage will not be covered during rebuildling, but the cost to rebuild will be covered by homeowners insurance, minus a deductable.
The tenant has no money so even if i were to sue, I'd get nothing out of him. But i do have his security deposit, and the rent money that he paid in advance for his share of the rent. (the other share would normally have come from the housing authority as he is a section 8 tenant). Am i entitled to that since he caused fare more damage than his security deposit could ever cover?
2006-08-28 10:46:56 · 11 answers · asked by Mon I 2 in Business & Finance ➔ Renting & Real Estate
Damn right you are, if uncertain just call a free consultation lawyer and ask
2006-08-28 10:49:16 · answer #1 · answered by Anonymous · 0⤊ 0⤋
Do you use the HUD model lease? or your own that must be approved by HUD if you are section 8. Anyway there is a section in the lease that the tenant is responsible for the rent in the event that it is inhabitable if it is due to negligence of the resident. Not only that, they are responsible for market value of the rent not their subsidy payment or TTP b/c you will not get subsidy on it while it is not livable.
Keep the next months rent and deposit, hold him to the lease and charge rent for the months until the apt gets renovated but of course follow the lease that you and the tenant agreed upon or you will find yourself in worst trouble. You may need your attorney involved anyway.
Email me if you want any specific Q and As.
2006-08-28 10:52:51 · answer #2 · answered by Anonymous · 0⤊ 0⤋
Yes, keep what you have and subtract it from what he owes you. If you can, sue in small claims court to get a judgment against him. You may be able to collect at some time in the future. Miracles can happen.
Since this is subsidized housing, does the housing authority screen tenants. If so, maybe you have a claim against the housing authority for sending a tenant who should not have been referred to you. Maybe you can sue the housing authority on the grounds of negligence or professional liability.
I am a retired claims adjuster. I think my mind has been affected by plaintiffs' attorneys.
2006-08-28 10:54:13 · answer #3 · answered by regerugged 7 · 0⤊ 0⤋
Keep the deposit and extra month's rent, plus send him a bill for the deductible. He may not pay it but he won't ask for his deposit back. He does owe it to you because he should have had renter's insurance. Talk to the section 8 people, ask them if there is any way to recover damages.
Good luck with the repairs.
2006-08-28 11:10:05 · answer #4 · answered by Sara B 4 · 0⤊ 0⤋
wow, so sorry to hear that happened. must be a nightmare. i would definitley keep the money you have gotten for the rent and the sec dep, that might help to cover your deductible. you would be spinning your wheels if you tried to sue and i highly doubt you would be entitled to any of his sec 8 money because he will need that to live somewhere else. best of luck to you
2006-09-01 10:30:59 · answer #5 · answered by cali13 2 · 0⤊ 0⤋
I like what XXX13 said! If you can hold them to the lease then that is great. They will undoubtably give you a sob story about not having a place to live but section 8 will probably find them emergency housing.
2006-08-28 11:54:11 · answer #6 · answered by Not Laughing w/ U 3 · 0⤊ 0⤋
By all means keep anything of his that you have & next time you decide to rent insist that your renter carries renters insurance.
2006-08-28 10:50:18 · answer #7 · answered by amglo1 4 · 1⤊ 0⤋
I would hold that money against the damages and pursue him for more compensation, even if he cannot pay now.
2006-08-28 10:49:26 · answer #8 · answered by Anonymous · 1⤊ 0⤋
go seek a lawyers advice. You want to make sure he doesn't sue you.
2006-09-01 08:17:28 · answer #9 · answered by Mr.Morgan 4 · 0⤊ 0⤋
He'd have to pull that money from my cold dead hands.
If he tries, send him a bill for your deductible.
2006-08-28 10:51:02 · answer #10 · answered by ed 7 · 0⤊ 0⤋