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cognizantt

join:2009-06-13
Montreal, QC
reply to walta

Re: Should we let the tenant move back in after the fire?

it's not possible to live in the apartment at the moment, so the tenant is currently living elsewhere.
you are under no obligation whatsoever to do the repairs asap. so you can stall the tenant and say you have no idea when at this point the tenant may return. if asked about when you will begin repairs, you can say right now you're only waiting for feedback from your insurance and your contractor.
keep stalling.
to have her back after what she did is ridiculous.
on top of your expenses for repairs, you're going to have lost rent. if you repair quickly and the tenant is back in, 1) you don't want that person there and 2) based on the tenant's level of intelligence, it's likely something else will happen.
so out the tenant goes.
notify the person that you'll be removing the personal property pending full repairs, have the person be there to take it all.
and that's it.
goodbye and good riddance.

markf

join:2008-01-24
Burlington, ON
kudos:1
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reply to walta
My advice, consult a lawyer competent in landlord/tenant law in your area.

As many have said, laws vary from jurisdiction to jurisdiction so what may apply to one area will not apply to another. Same thing with insurance coverages.

A good lawyer cost money upfront, but saves a lot of grief and money down the road. I've been involved in litigation, a bit more money spend up front would have saved $10's of thousands later on.

As a landlord myself, I would evaluate the quality of tenant as well. Are they a long time tenant who pays the rent on time every month, generally respects the property and just made a mistake, or are they someone just off the street that you want to get rid of?

To those saying that the OP shouldn't rent a property that doesn't meet current codes, I would guess that there are millions of properties across NA that don't meet current codes and are sold and rented out every day.

If every property met today's codes, rents would have to shoot through the roof or landlords would walk away from their properties due to the high costs of doing everything up to code.

walta

join:2001-05-22
Saint Louis, MO
kudos:2
reply to cognizantt
Cognizant At this point the tenet has collected all there belonging and found a new place.

The insurance policy does cover lost rental income, It must not be for long as they do not seem to be in any hurry to get things settled.

Walta