All Forum Posts by: Cory Iannacone

@Nicole B.  - Sure thing.  I live in Harrisburg, PA, but come down to Baltimore at least once a week to check on progress.  P.S. I'm a newbie too, and this is actually my first rehab.

@Rich Baer and @Nicole B. Would you include Catonsville, MD 21228 in your list of good rental areas?  (I see you have nearby 21229.) I am in the middle of a rehab there and was planning on renting it out.   It's a 3/2.5 which I making into a 4/3.  My understanding is that the rent range could be between $1450 and $1650.  Any thoughts on that range and the possibility of getting anything higher?  Thanks!

I agree with @Jessica Zolotorofe 's response and was about the write literally the same thing after reading the initial post.  But, maybe I can add a practical answer--less of the legal answer and a shorter answer of some of the responses referenced above.  Are we dealing with a reasonable tenant here?  If so, can you talk to the tenant about the issue--it's dangerous, someone could get hurt, and your insurance won't cover it.  Reasonable people are more receptive in a more personal conversation as opposed to a letter.  Worst case scenario is that the tenant refuses to take it down or work with you.  In that case, I would send the letter, telling the tenant he/she needs to remove the trampoline for the safety issues you previously laid out.  (While it won't completely insulate you from liability, you need to take all steps possible to avoid property damage or personal injury.). If the tenant still refuses to take it down, then it sounds like you are in a state of limbo for approximately 4 months when the lease expires.  (Basically, cross your fingers that no one gets hurt or property damaged.)  At that point, address the trampoline issue in the new lease (i.e. Its prohibited).  If the tenant doesn't agree, find a new tenant who does agree.  Find a good attorney who can get you a tight lease.

Assuming the fireplace is not the main source of heat (and this doesn't make the place inhabitable), it is really a contractual issue--i.e. What exactly does your lease provide for:

     - who is responsible for repairs?

    - does the tenant have to give written notice of a defect, giving the landlord 30 days (or some other number of days) to remedy the defect?

     - is written notice required by the tenant prior to making repairs?

As people mentioned above, this most likely come down to what notices were sent to who and any responses (actual documentation).  If there are any issues--e.g., you were responsible for the repair and failed to make it within a required time period after you received the required notice--then I would just pay the tenant and be done with it.  

Assuming you fulfilled all your obligations under the lease (and it is the tenant at fault), and you decide to go to court, here are my 2 cents.  If you hire a lawyer for this, you will not end up ahead (unless you get an attorney to do it for free).  Were you planning on making the repair?  If so, the practical answer (forget the legal answer on whether or not you win in court), get the repair paper work from the tenant and compare that to what you would have paid.  Assuming the tenant's contractor performed the work satisfactorily, offer to pay the tenant whatever you would have ended up paying anyway (and the tenant can eat any additional cost he paid).  I think this is the most reasonable approach.