What is the name of your state? What is the name of your state? What is the name of your state? What is the name of your state? CA
I'm managing the properties for two friends whose dad died in January, both live out of state. Finances related to their properies are placed in a living trust account. The tenants have rented one of the houses for 12 years. It was designed by their dad, and finished in 1993. They signed a lease to own which expired and was never renewed. Dad was a fix-it-quick-and-cheap owner/landlord. There was some caulking, some "waterproofing" paint on both decks, Kill-z over damaged ceiling which is still intact, etc. Due to a slight design flaw on the uppermost deck, rain has accumulated on the metal (standing seam) roof, the connected deck, rusted through the top step of the spiral staircase leading to a lower deck, which leaked through enough for ceiling damage on the middle floor, and their bedroom on the ground floor has a significant piece of ceiling on the floor. In other words, this leak didn't start "about a year ago."
She mentioned the "roof leak" to Dad and she said they'd been working on it "for a year". He never called a roofer to have an assessment, although she did share some names with him. The first roofer who has given a bid (shared with insurance claims adjuster) said the damage has been happening for years. There was never a time that the tenant took photographs, videoaped dripping, etc while Dad was alive. He died in January. My friend was here in Novmeber and was given a rent check. No mention of the leak. She paid the rent in January (auto deposit arrangement with Dad). When she handed my friend the February rent check at the memorial, again, no mention of the "roof leak" Since his death they have paid about 12k in rent, a payment every month, late, but in the bank in time. I called a roofer and did a walk through with the other sister/owner in late March. Insurance dragged their feet, and all has been difficult with my friends being out of state.
An insurance claims adjuster gave a small amount for interior damages, since the roof could be written off by age, etc. There is an allowable 5k contingency for mold in their documentation sent. The check came earlier this week. We are getting two more bids on the roof. So roof first, interior second.
During this very rainy season, the tenant has contacted me about repairs starting and about the mold, both legitimate concerns. The roof has been leaking and letting water into the walls and growing mold for years. She's been paying rent the entire time and for the first four months that my friends have co owned the property. I texted her rent due date and name of trust account, checks to be placed in locked mailbox. Their house sits on adjoining property.
She hasn't paid May rent. Research on my end seems to say that in CA, a tenant must give a 30 day notice in writing that they are withholding rent, reason why, and has to be delivered by certified mail. No letter has been sent, no May rent, and the owners are on getting repairs done as soon as possible. Their bedroom with the fallen ceiling is uninhabitle. It is a three bedroom house though. Are they legally obligated to pay 2/3 the rent? Are they legally obligated to mail a rent withholding letter 30 days prior to next due date? Somenone mentioned "negligent reporting". I am keeping all converstions with her on a text screen and am not mentioning any laws whatsoever. My friends to have an attorney. I'm managing finances overall and would like to contact attorney when I better understand what is going on to keep the bill low. I think she will have to draft a demand letter? There is money to cover repairs and rent for the foreseeable future. Their hope is to get it listed within a year.
Sorry so long. I'd love any input any one of you may have...and yes, feel free to read through prior issues I have laid out for us all here and banter about who/how I am...
I will try to write less. Again, any feedback would be great.
Thanks
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I'm managing the properties for two friends whose dad died in January, both live out of state. Finances related to their properies are placed in a living trust account. The tenants have rented one of the houses for 12 years. It was designed by their dad, and finished in 1993. They signed a lease to own which expired and was never renewed. Dad was a fix-it-quick-and-cheap owner/landlord. There was some caulking, some "waterproofing" paint on both decks, Kill-z over damaged ceiling which is still intact, etc. Due to a slight design flaw on the uppermost deck, rain has accumulated on the metal (standing seam) roof, the connected deck, rusted through the top step of the spiral staircase leading to a lower deck, which leaked through enough for ceiling damage on the middle floor, and their bedroom on the ground floor has a significant piece of ceiling on the floor. In other words, this leak didn't start "about a year ago."
She mentioned the "roof leak" to Dad and she said they'd been working on it "for a year". He never called a roofer to have an assessment, although she did share some names with him. The first roofer who has given a bid (shared with insurance claims adjuster) said the damage has been happening for years. There was never a time that the tenant took photographs, videoaped dripping, etc while Dad was alive. He died in January. My friend was here in Novmeber and was given a rent check. No mention of the leak. She paid the rent in January (auto deposit arrangement with Dad). When she handed my friend the February rent check at the memorial, again, no mention of the "roof leak" Since his death they have paid about 12k in rent, a payment every month, late, but in the bank in time. I called a roofer and did a walk through with the other sister/owner in late March. Insurance dragged their feet, and all has been difficult with my friends being out of state.
An insurance claims adjuster gave a small amount for interior damages, since the roof could be written off by age, etc. There is an allowable 5k contingency for mold in their documentation sent. The check came earlier this week. We are getting two more bids on the roof. So roof first, interior second.
During this very rainy season, the tenant has contacted me about repairs starting and about the mold, both legitimate concerns. The roof has been leaking and letting water into the walls and growing mold for years. She's been paying rent the entire time and for the first four months that my friends have co owned the property. I texted her rent due date and name of trust account, checks to be placed in locked mailbox. Their house sits on adjoining property.
She hasn't paid May rent. Research on my end seems to say that in CA, a tenant must give a 30 day notice in writing that they are withholding rent, reason why, and has to be delivered by certified mail. No letter has been sent, no May rent, and the owners are on getting repairs done as soon as possible. Their bedroom with the fallen ceiling is uninhabitle. It is a three bedroom house though. Are they legally obligated to pay 2/3 the rent? Are they legally obligated to mail a rent withholding letter 30 days prior to next due date? Somenone mentioned "negligent reporting". I am keeping all converstions with her on a text screen and am not mentioning any laws whatsoever. My friends to have an attorney. I'm managing finances overall and would like to contact attorney when I better understand what is going on to keep the bill low. I think she will have to draft a demand letter? There is money to cover repairs and rent for the foreseeable future. Their hope is to get it listed within a year.
Sorry so long. I'd love any input any one of you may have...and yes, feel free to read through prior issues I have laid out for us all here and banter about who/how I am...
I will try to write less. Again, any feedback would be great.Thanks
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