09/22 - Frida Friday

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chuchotant

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Thank you. At least one other person knows this! I just wanted to know if this was knowledge I could assume a reasonable person would posses. A tenant's water heater just caught on fire and he's all sorts of blaming us and the water heater, but the picture he sent us shows cleaning chemicals stored all around it in a very small closet. Before I send him a sternly worded letter about never doing this again, I wanted to know if it was reasonable for me to assume he should have already known this.

Public Service Announcement: Folks, don't store cleaning chemicals around your water heater. If you want a pic of what can happen I can share one, lol.
Underwriter hat again: This is your tenant? If so what you outlined gets a little smudgy. There is contributory negligence, however, there is a limit to what you can "assume a reasonable person would possess." As a judge once told me, when it comes right down to litigation what you think doesnt matter. All that matters is the legal situation: You owe your tenant a duty to keep them safe on your premises. You, the premise owner and your insurer, basically have to account for and underwrite for "unreasonable." Therefore if you didnt give a list of what is acceptable in terms of storage, it could really hurt you. (I say could because one never knows how these things play out). Try to de-escalate the anger as much as possible because you dont need a hot tennant feeling wronged (tort courts tend to want to restore a victim to wholeness) and make sure you re-address the rules and regs you expect of them (in writing). that way if they ignore it and there is a loss, you can point to contributory negligence.
 

tricker

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Do you require that your tenants have (and show proof of) Renter's Insurance?
Only if they have pets. We don't make that a general requirement for two reasons: 1) lots of our tenants are really low income and that is something they can't afford and 2) it's a nightmare to track if the tenant keeps it current.
 
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klyde

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So politics aside because this IS NOT the politics thread but I'm gonna throw this here and if a Mod feels it doesn't belong go ahead and remove it. I thought it was amazing but to each their own.

 
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Cmoney

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tricker

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Underwriter hat again: This is your tenant? If so what you outlined gets a little smudgy. There is contributory negligence, however, there is a limit to what you can "assume a reasonable person would possess." As a judge once told me, when it comes right down to litigation what you think doesnt matter. All that matters is the legal situation: You owe your tenant a duty to keep them safe on your premises. You, the premise owner and your insurer, basically have to account for and underwrite for "unreasonable." Therefore if you didnt give a list of what is acceptable in terms of storage, it could really hurt you. (I say could because one never knows how these things play out). Try to de-escalate the anger as much as possible because you dont need a hot tennant feeling wronged (tort courts tend to want to restore a victim to wholeness) and make sure you re-address the rules and regs you expect of them (in writing). that way if they ignore it and there is a loss, you can point to contributory negligence.
Good info, thank you!

I'm not holding him responsible for anything, just want to send a letter saying don't do this again.

However, there is no possible way for me to foresee all of the dumb things tenants do that cause problems. We have been through scenarios so many times where the tenant said, "You didn't warn me my electric burners would stay hot for so long after using them and my son got burnt so it's your fault!" or "My kid splashed water on the bathroom floor and slipped and hurt themselves and now you're responsible because it's not a non-slip floor!" (true examples)

Our lawyer has advised to put nothing in writing about this kind of stuff. The more we put in writing, the more they can use against us in court because we omitted their particular situation when it's obvious we tried to think of all possible hazards and cover for them. If that makes sense?

We are having the county give us a bunch of free pamphlets to hand out from them about safety and disaster preparedness. But that isn't us giving advice, that's the county.
 

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I can't take this, maybe someone can grab it!
 
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