Tenant suing for a new TV, has this happened to you??
- Thread starter Sungam
- Start date
Hi All,
Thanks for the replies and feedback.
LilSkater and Jaycee, my apologies my original post wasnt clear enough. (I'll reedit and fix it up)
My PM told the Tenant to make a claim on their own Contents insurance. It became pretty obvious that he doesnt have any..
update:
1.Breach notice has been sent for non receipt of rent. wheels are in motion..
2.I spoke with my LL insurer (Terri Scheer) out of curiosity and if worse comes to worse and a judge actually rules against me. Terri Scheer doesnt cover it, the Lady laughed when I told her and said "he wont win that!", a sentiment shared by everybody (this forum included) except for my tenant!
3.Electrician is providing supporting documentation.
Again, thanks for the support.
ps: I dont even have a Plasma
, but i do have three houses!! , I know what I would prefer.....
Thanks for the replies and feedback.
LilSkater and Jaycee, my apologies my original post wasnt clear enough. (I'll reedit and fix it up)
My PM told the Tenant to make a claim on their own Contents insurance. It became pretty obvious that he doesnt have any..
update:
1.Breach notice has been sent for non receipt of rent. wheels are in motion..
2.I spoke with my LL insurer (Terri Scheer) out of curiosity and if worse comes to worse and a judge actually rules against me. Terri Scheer doesnt cover it, the Lady laughed when I told her and said "he wont win that!", a sentiment shared by everybody (this forum included) except for my tenant!
3.Electrician is providing supporting documentation.
Again, thanks for the support.
ps: I dont even have a Plasma
, but i do have three houses!! , I know what I would prefer.....The LL should NOT have to pay for the tenants' TV simply because the tenant had no renters' contents insurance! (plenty of renters' contents insurance products available, eg. http://www.nrma.com.au/home-insurance/home-contents/renters-insurance.shtml)
What's the point of insurance then??
By the renter not taking out his own contents insurance, he and he alone bears the risk of damage to his property.
What's the point of insurance then??
By the renter not taking out his own contents insurance, he and he alone bears the risk of damage to his property.
ps: I dont even have a Plasma
You can't watch the world cup on houses mate
Who said world cup had to be broadcasted on plasma TVs, I can watch it on my cheapy CRT TV
And yes, I fall squarely into the camp of no plasma TV but I'd rather have my 3 properties instead!
Incidentally, I work a lot in the insurance field, so it's interesting to see the growing mentality that some people have towards not taking out insurance but still expecting to be looked after.
If you can't afford to replace it (whether it's your home / belongings / car), insure it!
If you don't insure it, be prepared to cough up when the time comes.
And yes, I fall squarely into the camp of no plasma TV but I'd rather have my 3 properties instead!
Incidentally, I work a lot in the insurance field, so it's interesting to see the growing mentality that some people have towards not taking out insurance but still expecting to be looked after.
If you can't afford to replace it (whether it's your home / belongings / car), insure it!
If you don't insure it, be prepared to cough up when the time comes.
You can't watch the world cup on houses mate
yes, good point!
I might have to start up a business renting Plasma's to renters, keep one for myself.......... hmmmm
Not exactly, actually. If he can prove it was damaged by somebody else's negligence or criminal act, then that person is responsible for making him good, whether he had insurance or not. The tenant's logic in this case is not that the landlord is automatically responsible for all the tenant's contents, but the tenant is arguing that this particular damage was caused by a fault with the property. (He's almost certainly wrong, by the sound of it, but that's his position.
)Not exactly, actually. If he can prove it was damaged by somebody else's negligence or criminal act, then that person is responsible for making him good, whether he had insurance or not. The tenant's logic in this case is not that the landlord is automatically responsible for all the tenant's contents, but the tenant is arguing that this particular damage was caused by a fault with the property. (He's almost certainly wrong, by the sound of it, but that's his position.
Unless of course he's lodged a complaint about the houses wiring faults months ago to no avail?
It's a common misconception that requests for repairs going unanswered are somehow relevant. The only thing that's relevant is whether a fault with the property caused the damage. If it did, whether the landlord knew about it or not, the landlord's liable. If it didn't, even if the tenant had requested repair, it's irrelevant and the landlord's not liable.
You have a duty of care to provide a place that's safe and has certain standards (eg Building Code of Australia, hot and cold running water, electricity, etc). If you breach any of your duties, you're responsible for the consequences, even if it's not possible for you to have known that you were in breach.
I agree with OP.
The tenant would have to prove the short was due to faulty wiring.
For that, he'd need an electrician's report to verify.
And if two electrician's reports conflict, then it would be difficult to resolve.
I sympathize with the tenant as I can understand his position, but he needs to understand proof of causality is impossible in this case.....hence why insurance is important.
The lesson he might have learnt is if one cannot afford insurance for expensive goods, buy cheap goods.
The tenant would have to prove the short was due to faulty wiring.
For that, he'd need an electrician's report to verify.
And if two electrician's reports conflict, then it would be difficult to resolve.
I sympathize with the tenant as I can understand his position, but he needs to understand proof of causality is impossible in this case.....hence why insurance is important.
The lesson he might have learnt is if one cannot afford insurance for expensive goods, buy cheap goods.
I think those two conditions are quite reasonable actually.
The $ 1,800 is small change to keep your valuable Tenant happy. I'd just pay it and move on. It's tax deductible so all cool.
Having the property leased for another 6 months is a comfort. I hope you've approved the extension.
I think you under-estimate how valuable Tenants are to your investing. Treat them with respect, not disdain. What you are stressing about is small potatoes.
Keep thinking of the big picture Sungam and all will work out well. Peace and good karma to you.
Don't mean to hijack, but this is an interesting sideline.
I fully understand Terryw's reaction, because I used to have that attitude - "Why would you rent?!?" And this individual renter aside, it has, funnily enough, taken me a long time to come to the realisation that some people choose to rent.
I had a colleague who was renting. A sales guys, and earning reasonable commissions. BUT, he lived in about 5 different locations (Sydney, Melbourne, Geelong) in the 10 years I knew him. And for a lot of that time he was travelling during the week and partying on the weekend, so was really only renting a place to keep his stuff and occasionally sleep.
And he was instead investing in shares and now has (had?
Sorry to derail - maybe I should have started a new thread.
Also sorry to derail..but had to have my 2c
I don't subscribe to the theory that because one rents they shouldn't have other luxuries in life.
The thing is $1,800 is not a huge amount to spend on a TV these days. A more relevant point however is that the gap between being able to afford a TV and being able to afford a property is quite significant. You then have to ask yourself, should someone who's renting (rather then owning) spend $30k on a car?
I've fluctuated between renting and owning most of my life and am now 46 years old and renting because at this stage of my life (recently divorced and awaiting settlement monies) it's more practical. Although I have recently exchanged on a property it may well be that I'll rent that out and keep renting myself seeing as though this new property will give me $550 a week whereas I'm currently only paying $320 ! FWIW my TV is worth around $2k and car around $50k
I think those two conditions are quite reasonable actually.
The $ 1,800 is small change to keep your valuable Tenant happy. I'd just pay it and move on. It's tax deductible so all cool.
Having the property leased for another 6 months is a comfort. I hope you've approved the extension.
I think you under-estimate how valuable Tenants are to your investing. Treat them with respect, not disdain. What you are stressing about is small potatoes.
Keep thinking of the big picture Sungam and all will work out well. Peace and good karma to you.
Huh?
Whata did you do with the real Dazz!?!
Peace & good karma!?!
Where's 'string them up by the b*lls & leave them out in the sun for a week to reconsider how they're ripping off the poor landlord' ????
Apologises Jaycee, i read it that the PM said to the LL to let their insurance cover it.
I think those two conditions are quite reasonable actually.
The $ 1,800 is small change to keep your valuable Tenant happy. I'd just pay it and move on. It's tax deductible so all cool.
Having the property leased for another 6 months is a comfort. I hope you've approved the extension.
I think you under-estimate how valuable Tenants are to your investing. Treat them with respect, not disdain. What you are stressing about is small potatoes.
Keep thinking of the big picture Sungam and all will work out well. Peace and good karma to you.
Hi Dazz,
Appreciate your input. (made me think, hurt my head!)
I've had a few tenants over the years, and I think I've been pretty good with them. Respected their privacy and attended to all their maintenance issues promptly. Hey, tentants are people too, I used be one, a tenant that is, and I'm still a person as well...
They've been in there for 2 and half years and only had one rental increase, they get to keep pets (cause I have pets, why shoudlnt they), I've also let them keep a 12ft shipping container in the front yard for the last two years! not too mention 5 cars, trailers tools, etc. Whatever... I have heaps of stuff at my place as well...
What's currently happening is a result of a buildup of issues over the last year or so stuff like...
1. Complaining about maintenance issues, then giving me a quote to fix it himself, then complaining and swearing at PM when I fix it myself or get another tradie in to fix it cheaper...
2. His lease ended in March. I wanted another 12 month lease from March (no rental increase), he said he was staying on periodic, fine I said, but if he hasnt signed another lease till at least Feb 2011 by July 1 then I wanted him moved on. He said he would sign another until Mid December?, no thanks, dont particularly want an empty house over Christmas / New Year.
3. consistently late on payments for last year (1 - 2 weeks behind) and getting abusive and swearing at PM's, they've got thick skin and dont care too much.
I totally agree, Tenants are very valuable, hey, he's paying 70% of my property! and as long as he is paying rent I dont care what he does, but he aint paying no rent anymore, so now I do care.
I dont have animosity towards him, he's doing what he thinks he needs to do, and I'm don the same! good luck to him...and more luck to me!
I'm in property for the long haul, so, she'll be right....
Peace and Good Karma to you as well my brother.
Sungam
Please re-read your footer and realise your mistake is having this person in your place, tell him to take his crappy broken telly, shipping container ( HAHAHA), 5 cars, pets and whatever other crap he has and find another place that allows him to not pay his rent on time and be rude. Get someone in that has the ability to read the lease they sign and put rent up so there paying 80% of your loan for you.
Jezza
Please re-read your footer and realise your mistake is having this person in your place, tell him to take his crappy broken telly, shipping container ( HAHAHA), 5 cars, pets and whatever other crap he has and find another place that allows him to not pay his rent on time and be rude. Get someone in that has the ability to read the lease they sign and put rent up so there paying 80% of your loan for you.
Jezza
I agree with those who say to remove the tenant, he/she sounds like nothing but trouble.
Don't worry about being taken to small claims over the TV. There is no way to prove why it has failed so you will not be found to be at fault.
He will be bitter about this and keep causing these drama's......
Bye bye tenant
Don't worry about being taken to small claims over the TV. There is no way to prove why it has failed so you will not be found to be at fault.
He will be bitter about this and keep causing these drama's......
Bye bye tenant
There are enough good tenants out there that you shouldn't have to put up with this. Start moving the tenant out.
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