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Updated 8 months ago on . Most recent reply

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Larry Wallace
  • Rental Property Investor
  • Hamilton, OH
3
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Need Advice on Situation

Larry Wallace
  • Rental Property Investor
  • Hamilton, OH
Posted

Need advice on how to handle the situation below.

Had a tenant accidentally discharge her pistol into the unit below. (Her story) She did not contact anyone. The tenant below sent me pictures of a hole in her ceiling and a torn spot on the side wall  asking what would cause this. So I texted the pictures to the tenant upstairs and she said she had accidentally discharged her concealed carry pistol when unloading it. (And offered to pay to fix it)

What concerns me is she did not reach out to the person below or contact anyone . This is a B property in a good neighborhood. Your thoughts on how to handle this?

Appreciate any input

Most Popular Reply

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Scott Trench
  • President of BiggerPockets
  • Denver, CO
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Scott Trench
  • President of BiggerPockets
  • Denver, CO
Replied

While I agree that the tenant who shot a hole in your floor should be responsible for the damages, if I was the tenant below, I would want to leave, not attend a party with the person who literally could have killed me due to their incredible gross negligence.

Pending legal restrictions, this would be the end of my wanting the business of the upstairs tenant. I would offer cash for keys, or not renew the lease, and reset the tenants in the building at the first opportunity. Let this tenant "accidentally discharge" their firearm in someone else's property going forward. 

Situations like this are why some landlords have crazy long leases, filled with addendums like "no fish tanks over 100 gallons" and "no indoor archery practice". Looks like you will be adding in something like a "no firearms are allowed to be discharged on the premises (except in life threatening self-defense situations). Violation will result in immediate termination of the lease." 

Good grief.

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