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Updated almost 2 years ago on . Most recent reply

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2
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1
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Jeff Bridges
1
Votes |
2
Posts

Potential tenant fraud with ceiling collape

Jeff Bridges
Posted

Hey I'm new here but have owned a rental property in Illinois with a section 8 tenant for about 2.5 years. The ceiling had a crack in it and I had someone look at it last Thursday who said it would be okay until today but it collapsed that night in my tenants uncovered old bed and will now need fiberglass cleanup.

Forunately no one was hurt but it seemed like too much of a coincidence as it fell from the side of the ceiling that was less sunk so I think she expedited the process by poking at it to try to get a new bed and is now demanding everything in the room be replaced. It has been secured and insurance is looking at it Thursday but my insurance likely won't cover it and she has no rental insurance.

I'll probably need to hire a professional to clean the insulation that may have blown in the air but if she continues to request a new mattress etc. how should I proceed? The lease basically says (I can copy and paste later) that tenant is responsible for her own possessions and getting renter's insurance but I imagine if there's negligence found she can still try to sue.

Should I offer any money or would that be admitting guilt or if I do should I have a lawyer write it up and advise that payment is not an admission of guilt and if she accepts it I can't be held liable or just lawyer up and see if she sues? Thanks everyone.

Most Popular Reply

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101
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76
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Nathan Brown
  • Property Manager
  • Phoenix, AZ
76
Votes |
101
Posts
Nathan Brown
  • Property Manager
  • Phoenix, AZ
Replied

You might just quote the lease back to the tenant. They agreed to assume the liability for loss of personal property in this case you owe them nothing apart from bringing the home back to livable condition in a timely manner. Not having insurance was a risk they chose to take. Didn't turn out so well, but something tells me they won't learn from this experience...

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