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All Forum Posts by: Timothy Burns

Timothy Burns has started 8 posts and replied 55 times.

Post: Tenant Refusing to Turn Heat On During Cold Weather

Timothy Burns
Pro Member
Posted
  • Investor
  • Posts 56
  • Votes 19
Quote from @Lynn McGeein:
Quote from @Timothy Burns:
Quote from @Lynn McGeein:

Make sure going forward all leases have a clause about requirement to maintain minimum temperature even if absent -- mine is 58 degrees and has a initial block next to it so they can't say they weren't aware of the term. May not help much realistically but does make it a lease violation... How do you word it? 

Mine just says, Tenant agrees to maintain indoor temperature of unit at no less than 58 degrees during the entire period of outdoor cold weather, including during Tenant absences of any length. It also states no fuel-operated space heaters and that fireplace is never to be used as a heat source.


 As a result of all of this, I heavily modified my lease, and part of my app process is before you turn in an app I send you a blank copy of my lease to read and review and I add a question in the app that states that you agree that you have read and understand the lease. 

Post: Tenant Refusing to Turn Heat On During Cold Weather

Timothy Burns
Pro Member
Posted
  • Investor
  • Posts 56
  • Votes 19
Quote from @Lynn McGeein:

Make sure going forward all leases have a clause about requirement to maintain minimum temperature even if absent -- mine is 58 degrees and has a initial block next to it so they can't say they weren't aware of the term. May not help much realistically but does make it a lease violation. I knew an investor where his duplex tenant let pipes burst, and he did get a significant judgment for damages after several months but never got paid because tenant just left the state. I had property management once tell me they couldn't do anything because the tenant hadn't given notice yet and still had some property inside when they posted pay or quit, but the power company had told me the heat had been turned off when I called to check (apparently landlord utility revert doesn't work properly if tenant just doesn't pay).  I drove in from out of state, entered myself and had the heat turned on in my name as an emergency. It's not worth the damage it can cause, even if I got stuck with the heat bill until resolved. 


 How do you word it? 

Post: Tenant Refusing to Turn Heat On During Cold Weather

Timothy Burns
Pro Member
Posted
  • Investor
  • Posts 56
  • Votes 19
Quote from @Lynn McGeein:

Make sure going forward all leases have a clause about requirement to maintain minimum temperature even if absent -- mine is 58 degrees and has a initial block next to it so they can't say they weren't aware of the term. May not help much realistically but does make it a lease violation. I knew an investor where his duplex tenant let pipes burst, and he did get a significant judgment for damages after several months but never got paid because tenant just left the state. I had property management once tell me they couldn't do anything because the tenant hadn't given notice yet and still had some property inside when they posted pay or quit, but the power company had told me the heat had been turned off when I called to check (apparently landlord utility revert doesn't work properly if tenant just doesn't pay).  I drove in from out of state, entered myself and had the heat turned on in my name as an emergency. It's not worth the damage it can cause, even if I got stuck with the heat bill until resolved. 


 Absolutely. 

I learned alot from this one and have heavily modified the lease. 

Post: Tenant Refusing to Turn Heat On During Cold Weather

Timothy Burns
Pro Member
Posted
  • Investor
  • Posts 56
  • Votes 19

@George Red little post update filed in a different court and that judge granted me the ex parte now just need to get her served. 

Post: Tenant Refusing to Turn Heat On During Cold Weather

Timothy Burns
Pro Member
Posted
  • Investor
  • Posts 56
  • Votes 19
Quote from @Dana Briscoe:

I didn't read every post but was a smart thermostat recommended? One that you, yourself can set and control at any time from your phone?


 and are they expensive? 

Post: Tenant Refusing to Turn Heat On During Cold Weather

Timothy Burns
Pro Member
Posted
  • Investor
  • Posts 56
  • Votes 19
Quote from @Dana Briscoe:

I didn't read every post but was a smart thermostat recommended? One that you, yourself can set and control at any time from your phone?


 somebody mentioned a thermostat I could control but didn't say what kind. 

I don't currently have one of those, the one installed in the tenant's unit can't be reset by them once I install It? 

Post: Tenant Refusing to Turn Heat On During Cold Weather

Timothy Burns
Pro Member
Posted
  • Investor
  • Posts 56
  • Votes 19
Quote from @George Red:

@Timothy Burns fingers crossed for you... sounds horrible. I'm in the middle of an eviction now and the tenant has not paid since July, when my agent goes by he's never there and his "girlfriend" and some local rif-raff seem to have pretty much taken over. Per legal advice we cannot just change locks and have to wait for eviction to proceed. I'm really hearing the echoes of everyone on the forums here talking about the importance of tenant selection (we inherited this tenant).

Fingers crossed for you, I can only imagine how stressful it must be.


 thanks and the same to you! 

some people are just good at putting up a good front in the begginning and I thought I thoroughly vetted this tenant but she has definitely provided me with a learning experience! 

Post: Tenant Refusing to Turn Heat On During Cold Weather

Timothy Burns
Pro Member
Posted
  • Investor
  • Posts 56
  • Votes 19

@Colleen F. have already talked to lawyer, he said we can't get a court date until jan. 29th, lease ends the 31st. 

he said to immediately file unlawful detainer on feb 1st if she's not gone. 


and NO, all of that wasn't enough.  what ********. 

Post: Tenant Refusing to Turn Heat On During Cold Weather

Timothy Burns
Pro Member
Posted
  • Investor
  • Posts 56
  • Votes 19

So she arrived at the property with a group of people, while I was there, and initated an altercation over all of this. 

Threatening to sue me, beat me up, burn down the building, etc etc (ALL caught on camera) 

would like to remove her after this. 

The police advised to file a protective order, which was denied because Judge said it needed to be filed as an eviction. 

Civil records clerk claims the only forms they have are landlord/tenant eviction based on non payment of rent and I need to google the form I need. 

Does this sound right and any idea what petition form this is? 

Post: Tenant Refusing to Turn Heat On During Cold Weather

Timothy Burns
Pro Member
Posted
  • Investor
  • Posts 56
  • Votes 19
Quote from @Judy Parker:

The heat pipes will freeze and burst if the heat is not left on.  That will cause major damage to Landlord's property. Is Tenant responsible for paying the utility (heat) bill?  Could that be why the Tenant is keeping the heat off?


 yes and yes. 

she became angry 6 months ago when I began enforcing the lease, and it has just continued. 

tried to do the peaceful seperation, and she has begun moving thing out already (THANK GOD) but is very vindictive.