Insurance or Landlord

[zbet]

I had a house fire.....Allstate and the contractor agreed to pay me so much a sq foot for cleaning. I was not allowed to live in my rental for 2 months and 3 weeks, during this time I kept up my electrical and water and sewer bills. I was told Allstate would reimburse me the cost of these bills while I could not be there. I received a letter from Allstate stating they had settled with my Landlord my Landlord now wants the rent and I have not been paid at all I am out over 1,000.00. I live in california what should I do? I have not paid rent. However I don't want to be evicted. Help please todays is the 3rd.

[Edited by zbet on 04-04-2001 at 03:46 AM]

 

[LL]

I don't understand what you are saying.

How is Allstate involved with you? Do you have renters insurance from them? Does your policy cover rent payments for the time you were not able to live there due to the fire? If so, then you have to pay the rent and be reimbursed by your insurance.

If the fire was your fault, you owe the rent payments regardless of whether you collect from your insurance, unless the management agrees to deal directly with the insurance company.

 

[zbet]

Allstate is my landlords insurance....Because they (Allstate) took so long in responding to the fire, I had already cleaned up most of the soot on the walls Allstate agreed to pay me .21 cents a foot for the cleaning.....I then moved out so they could paint and repair the house. I never turned off my electrical or water and garbage. I was out of the house 2 months and 3 weeks. Allstate came in and painted the house and turned on the heater to 90 degree's and left it that way for about a month. my PG& E bill is over $500.00 for just the one month. my water and garbage bill is $40.00 per month.I am out over $1000.00. I am with-holding rent because my landlord got the settlement check. In the check was an allowence for cleaning and PG&E and Water.In otherwords my landlord got paid for my cleaning the soot and my PG&E and water.

[Edited by zbet on 04-05-2001 at 04:03 AM]

 

[LL]

If all what you say is true, it would seem that the landlord owes you some money. However, you did not say that rent payments were included in the amount that the landlord received.

California does not have any rent withholding law that you can use to withhold your rent for this reason. Thus, if you fail to pay your rent, the landlord can terminate your rental agreement and evict you. I would suggest that you pay your rent, and on time, and worry about settling your dispute with the landlord separately.

 

[zbet]

Rental payments were included in the payment to the Landlord up until April 1st of this year.
When I moved into this house it was in terrible shape I agreed to fix the house with no charge for labor and he agreed to deduct any materials I used. This worked fine, I am hoping that if he becomes unreasonable that because of our prior agreement it will hold up to whom ever (My guess is a judge) this comes before. I am not made of gold my pockets are empty I have no money for rent. My rental payment is $750.00 on top of the money I am out for utilities I have also purchased wallpaper and other supplies which I was told I would get remimbursed for.

 

[mary hartman]

hey Zbet:

You love to gamble dont you? you will have to sue him in small claims court....

ahhhhh the problems you create for yourself when nothing is in writing.....good luck!

 

[LL]

Unless the landlord received RENT PAYMENTS from Allstate which are clearly identified as rent payments, and for what period, it will not stand up in court. Neither will payments for soot cleaning, PG&E and water if you tried to offset them from rent. You're not allowed.

 

[zbet]

I am not a gambler, I just can't get it in my head how awful people are.....Whatever happened to you get what you give? What a scary world.....People just take, lie, steal. Pretty soon there will be no more givers just takers and then those same people sit around and talk about how terrible things are. Gee wonder why? Does any one have a conscience anymore? I'm not asking for anything other than monies I have put out.