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All Forum Posts by: Adriel Watts

Adriel Watts has started 2 posts and replied 7 times.

Originally posted by @Jim K.:
Originally posted by @Adriel Watts:
Originally posted by @Jim K.:

@Adriel Watts

Wait a minute, how did your PM not recognize the possibility that the Type X drywall on your garage ceiling could fail? What's the PM company's excuse?

@Russell Brazil is clearly correct, though. Your house beat the crap out of your tenant's car. In the end, it's your property that damaged their property.

Thanks. For the replies

I have no idea how they didnt recognize it.  They had pictures and it looked fine to me, but im no handyman.  They said the nails were old and loosened over time

 So how big was the piece? Did the whole damned ceiling fall down? To be clear, this is what's called Type X drywall. It's thicker and heavier than normal drywall.

Not the whole roof. Maybe 3X3

Originally posted by @JD Martin:

This sounds like Deja Vu all over again, as Yogi would say. So I had to look it up and you had more or less this same post about 3 weeks ago. Funny thing is the same people pretty much told you the same thing then, that either you or your insurance would likely have to cover their damage. 

Depending on your insurer, sometimes it still makes sense to turn it over to them and let them handle it and you just pay it out of your deductible. That puts a layer of separation between you and the tenant, and it becomes "insurance" who is requiring hoops, being difficult, etc. That's one of the things you pay for with insurance, even if it ultimately falls below your deductible.

Yes I did post it a couple of weeks earlier, but thread died after I was able to provide more clarity. And most people seemed to say offer to pay her deductible or pay half which I did. Some said that she was responsible.

So it may be worth it to just go through my insurance anyway?

Originally posted by @Jim K.:

@Adriel Watts

Wait a minute, how did your PM not recognize the possibility that the Type X drywall on your garage ceiling could fail? What's the PM company's excuse?

@Russell Brazil is clearly correct, though. Your house beat the crap out of your tenant's car. In the end, it's your property that damaged their property.

Thanks. For the replies

I have no idea how they didnt recognize it.  They had pictures from the inspection from a month earlier said it looked fine. I also didnt notice anything but im no handyman.  They said the nails were old and loosened over time

I had a piece of garage sheetrock fall on a tenants family members car( not on the lease). I have a PM company and pay for biannual inspections to be done, and no where did it mention that the sheetrock was a possible issue.

I was sent 3 pictures (what looked like minimal damage) and a hefty estimate. I have talked multiple times with my PM company . The best the solution they had was to contact my insurance and/or offer to pay part of the repair. I contacted my Property insurance and asked for advice and they said it wouldnt be worth it to go through them since i have a 5k deductible.  I offered the tenants family member more than what most car insurance deductibles are (1500), but they are refusing to take anything less than full estimate. The only concessions they made were that they agreed to get a second estimate which came back over 1000 cheaper.

The lease states "indemnification" " owner not liable for damages....to property occurring on premises unless it is a proximate result of intentional or unlawful act of owner." " Tenant agrees to hold owner harmless from any claims, no matter how caused unless it was a proximate result of intentional or willful acts of owner."
Also under "Insurance" "tenant to provide own insurance for possessions both inside and outside of premises. Tenant Acknowledges they are responsible for providing insurance for their possessions or vehicles and owners insurance will not cover tenants possessions or vehicles. This includes Flood, fire or any other cause."

I mentioned all of this with the PM company and the only solution they have is to contact my insurance company a second time which will be futile.

Should I just pay for the damages to get this off my back to prevent any ill will going forward?  If so, what do I need to do to prevent anything like this happening again?

Thanks

Thanks for all the responses.  

So I have a property Management company. When I contacted them.. It appears the garbage disposal was an unrelated issue.  Apparently the "sheetrock was old and secured with nails.   The nails came loose overtime"

Looking through the lease. I found a few clauses.  Under Indemnification " owner not liable for damages....to property occurring on premises unless it is a proximate result of intentional or unlawful act of owner."  " Tenant agrees to hold owner harmless from any claims, no matter how caused unless it was a proximate result of intentional or willful acts of owner."

Under Insurance "tenant to provide own insurance for possessions both inside and outside of premises.   Tenant Acknowledges they are responsible for providing insurance for their possessions or vehicles and owners insurance will not cover tenants possessions or vehicles. This includes Flood, fire or any other cause."

My PM company said tenant should turn in the damage to their auto insurance and the owner should also file a claim through their homeowner insurance. From there, the two insurance companies would handle everything and determine who is liable/pays for repairs.

Should I do this?  My Deductible is higher than the stated damage to the vehicle anyway, but i really dont want to be stuck paying that amount of money. It would negate pretty much all the positive cash flow for a year.

Thanks for your help.

Apparently a disposal got blocked in my rental.  It got backed up and caused a piece of garage ceiling to fall.  Tenant claims car was damaged got estimate stating 4800 in damage.  Tenant is asking for reimbursement.  How do I proceed?  My insurance deductible is 5k.   Should I ask the tenant to get a second quote?  

Recently closed on a SFH in kansas city mo. Also interested in PM recommendations. Thanks in advance