Tenant moved out because of failing paying the rent owed and because a hearing had been scheduled to recover the property. The property is heated by Oil and the tank is required to be at least 1/4 full when tenant vacates the property (Tenant responsible for heat according to Rental Agreement), The tenant called and left me a message stating that they moved out and left the keys on the back porch. In-between the time they moved out and when I was able to do a walk-thru of the property, the water pipes burst because of the freezing cold temperatures. Since the water wasn’t shut off, water was every where and flooded the basement and parts of the first floor. I have no doubt that they are legally liable for the damages caused because of them. The question is:
Since we already have a "Recovery Of Real Property Hearing" scheduled, would it be possible to add a rough estimate of the cost of damages to the property at the time of the "Recovery" hearing? Or will this have to be a separate filing using a different procedure and form?
Also, this damage was just discovered today and the hearing is this coming Monday morning. I highly doubt that will allow me enough time to have professionals look at the damage and provide me with actual estimates. So will my own rough "non-professional" estimates suffice for the "Recovery" hearing on Monday?
What should I do? I’m guessing that as much as $10,000 worth of damage may have been done!
Thanks to the 2 who have already provided answers to my question, but I still would like some more information/details.
1: What is meant by "adjournment"
2: What is the name of the form or form number that I would need to fill out to file this suit with the courts?
Ex: AOPC 310B-05
Less than 6 days have past since the tenants moved out and the damage was discovered.
We talked to the insurance company and we are fully covered for the damages incurred.
As for the tenants being responsible or not, they are. If they would have abided by the lease agreement and made sure that there was at least 1/4 tank of oil in the tank, there’s no way it would have run dry in the short amount of time.
No, your estimates are incompetent as proof (that is a legal phrase, not an insult). Go to the hearing and ask for an adjournment.
February 17th, 2010 at 4:39 am
No, your estimates are incompetent as proof (that is a legal phrase, not an insult). Go to the hearing and ask for an adjournment.
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February 17th, 2010 at 5:28 am
If you’re insured, call your insurance company ASAP because you are obliged to mitigate your damages. The judge won’t hear the damages tomorrow because for the judge to hear it, you have to file it with the court, serve your former tenant, and the tenant must be given the opportunity to respond. In other words, you have to sue her again for the damages.
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February 17th, 2010 at 6:11 am
Other poster has it right, you have to file with your insurance first. Actually from what I’ve read the tenet might not even be responsible for it at all if to much time passed between the time they informed you of the move and the time you discovered the damage.
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If you are fully covered by your insurance than you can not sue the tenet for damages. (the insurance company would have the right, but that isn’t your concern)
You are not entitled to recover your losses twice.
Its no different than a car accident … when you collect from the insurance company you don’t get to sue anyone else.
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