question about landlord tenant rules?

2014-05-29 10:06 pm
We live in minnesota, a month ago we were renting out a room in our basement to someone. the sump pump to our house was located in her closet and we asked her do not pile things up in the closet so we can check the pump as needed during the snow melting and rainfalls in the spring. She didn't listen and insisted she was checking the pump herself and it was still running. between march and may the pump completely quit working due to the power failing in the socket it was plugged into and in general it was time to replace it. The basement started flooding during a bad storm. She informed us of the water so we went downstairs right away to start cleaning up. I asked her if she could help me move her stuff up as my husband was busy trying to find a plumber and she said it wasn't her mess and borrowed a bag and left. The plumber came and said her stacking all the crates there contributed to the sump pump breaking down and causing the flood in the basement. She didn't lose very much except for a few of her kids stuffed animals and toys and hauled most of it away 2 days later. She did not have any form of renters insurance but she is claiming we need to buy out her lease as we cannot afford to replace the floor in the room right now with my husband being laid off. There was 2 months left and its been torture trying to get her to pick up her things so we can make repairs as we are able. Do we owe her money? She only brings it up when my husband asks her to forward her mailing address
更新1:

We are not trying to be shady, but we truly do not have the money to fix the room to be liveable right now and we did not have flood insurance ourselves as we were told by our insurance company we had to live in certain zones to qualify for it, our address is not in a flood zone. I'm not trying to be mean but she pulls this every time in the last month we have asked her to pick up something she left behind. her lease was up july 1, we had given her notice in January that we did not want to renew

更新2:

And we did ask some lawyers about it but they said they did not know how that would apply since we were not refusing to make repairs, we just didn't have the money to do so and to not worry about it unless she was filing action. Even the state attorney general office did not have an answer for this kind of situation.

更新3:

we would ask her if we could come in and check the room and she would always say no and lock the bedroom door so we could not come in. the sump pump was due to be replaced as soon as we pulled it out, not the light socket. We did not know how old the sump pump was as we just bought the house 2 years ago and the previous owner did not know when it was last replaced.

更新4:

we do not expect anything in damages ,we have not asked her for a penny and for blubber that is what the plumber said her crates were directly on top of the sump pump and was one of the contributing factors due to it breaking down. its a sump pump you are not supposed to pile things on top of it. it was one corner of a walk in closet.

更新5:

I just wanted to know if there is anything she can do because she brings us up giving her money we dont have at the moment when she did not have any form of insurance and she walked away from the situation instead of getting her stuff out of the water right away. it is our responsibility to clean up the water but since she is the one who informed us of the flooding and she was aware of it, it is her responsibilty to pick up her things off the floor instead of just saying i can't deal with this.

回答 (5)

2014-05-30 12:03 am
She is responsible for her own belongings. If you rent a room, you can require the tenant to have renters insurance so that there is no problem with who owes for what.

1. If the sump pump needed to be replaced, you should have replaced it.
2. If you didn't want her belongs on / near the sump pump, you should have built a little case around it.
3. You are he owner of the property. She cannot lock you out of your property. You can enter at anytime as long as you give 24 hours notice.
4. She is not responsible to help you clean up. She is a PAYING tenant, not your child.
5. The attorney general's office did not help you because that is not their job. They deal with legal issues involving the state; not landlord tenant issues.
6. If the lawyers couldn't help you, find new lawyers since they don't have common knowledge about rental law.
2014-05-29 11:41 pm
You don't ask her if you can come in. You give her 24hr notice of an inspection and you go in and just do it. You should have just put a lock on the closet and told her it was not usable. Sounds like this was handled improperly all around. You are the landlord and owner it is your responsibility to make sure it was taken care of.
2014-05-29 11:39 pm
You owe her no money for her stuff.

Stacking items in a closet couldn't cause a sump pump to not work. Power failed in the light socket, that is in no way her fault.

It doesn't matter if you have the money or not. Repairs to the unit are needed, she has a lease whereby you provide her with said unit. You are not making said repairs. Just because you have a reason doesn't mean you aren't refusing to do it.
2014-05-29 10:38 pm
Did you have it in writing that the closet should be kept free of her belongings. Of course not. In real estate everything has to be in writing to be valid.

Did you check the sump pump yourself? You had all the right in the world to do that. All you had to do was to give her a 24 hour notice that you would be entering her room. Did you?

You say yourself that the light socket was due for replacement. That would have been your responsibility.

How could the stuff being stacked up in the closet contribute to the sump pump malfunctioning? I don't think that that is what the plumber told you.

Why does she not want you to have her mailing address. She is afraid that you will sue her. Don't ask her for it.

If she sues you, she would need to prove her case.

Good luck
2014-05-29 10:29 pm
"buy out her lease" If she has a written lease, you may have a problem as that's a contractual obligation regardless of the flooding issues. That being said, sounds like she's left the basement somewhat voluntarily. Somehow get to her in writing notice to remove her belongings or they will be removed for her and disposed of. Probably should repeat this after she ignores the first letter. If she does not come for her stuff, take it out, maybe store it for a little bit longer, and forget about the whole matter. If she sues you, hopefully there's no written lease and your defense will be she was month to month and voluntarily moved out. You're not getting anything for the damage she caused so just forget about that.


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