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Q & A with Phil  

archived column
#2, February 2000
 
· Feeling responsible for property damage
· Breaking a lease politely
· Finding a place in San Francisco
· Understanding and countering eviction
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Feeling responsible for property damage
Q:
On Christmas day, I left my apartment from Massachusetts to visit my family in New York. When I returned the next day, the heater pipe burst and flooded the apartments below me.

I tried to talk to the people below me but, as you can guess, they were not too friendly. My question is, "Am I responsible for this damage?" Thanks for your input.

Anthony

A: Generally, the property owner is responsible for keeping the property in good repair and if there is a repair or remediation work necessary, the property owner would be obligated to do it. In the unlikely scenario that there was an express provision in your lease requiring you to maintain and repair the pipes, you would be on the hook. But that's a longshot. And if you were exceptionally naughty this Christmas and did something to cause the pipes to burst, you might be required to repair the pipes and pay for your neighbors' damages. But, all things being equal, you're not obligated for the repair costs - but you should try to be extra nice to your neighbor for a while.

 
 

Breaking a lease politely
Q:
My wife and I will be moving back to Florida at the end of next week, January 14. We have until March 31st to complete our one-year lease on this apartment in Aurora, Ohio. The leasing company is saying that we will have to pay for February and March, unless they can re-lease this same apartment before the end of March. I would understand this if we were just moving to a different complex locally but we are moving from Ohio to Florida because of a new job offer in Orlando. Is there any recourse available to us in this situation? We have moved many times in our married life while renting apartments and cannot remember ever having this "breaking of a lease" problem before.

Thank you for any guidance in this situation.

Duane E. Vissering

A: Bad news! The short answer is that the leasing company is probably correct - if you leave before the end of the term, you are still liable for the rent until the expiration of the lease. Your duty to pay rent is generally not dependent on where you live, or your circumstances. The best advice is to work closely with your leasing company to see if they can get a new tenant in promptly. And it never hurts to contact a local real estate attorney or the local tenant's union or board to verify that your lease is valid, and to see if any local ordinances or regulations apply to your circumstance. But, in most cases, the tenant is obligated to pay the rent for the full amount of the term of the lease.

 
 

Finding a place in San Francisco
Q:
Three friends of mine and I (all Irish students) are travelling to san Francisco this summer. We hope to be there for June, July and August. Could you please advise as to subletting an apartment from college students and how to go about doing this?

James O'Hare

A: In San Francisco, we have over 650 vacancies at any given time, many of these are short-term and/or sublets. Because summer is the busiest time of year, you should begin your search no later than 30 days prior to moving. If you sign up for the service (a one-time $75 fee for 3 months of listings), you can begin getting daily e-mail updates from the day you sign up. Previewing is free, and you'll get personalized search help from our staff.

Also look at www.craigslist.org and www.sfgate.com for more help. Good luck!

 
 

Understanding and countering eviction
Q:
I have been living in a really nice apt. complex for 6 months now (I have a 9 mo lease). I never had any problems with the landlord. Until now. In my application I stated that my boyfriend will visit and stay over EVERY Friday to Monday morning. She agreed at that time, she said there should not be any problem. The landlord said that ONLY if he stays 2 weeks in a row or more, I need either to declare him a visitor for a specific period of time, not to exceed 1 month, or to include him on the lease.

To my surprise I received a 3 day eviction notice! We do not argue or play loud music or anything else...I do not understand why my landlord thinks we live together in my apt. I do not know how to convince her that he is just visiting every weekend. What does living together mean in rental agreements? Does something like that exist? Where could she have gotten her information? What can I do? Should I pay her more rent? What if she does not accept? I tried talking to her with no result…Thanks a thousand times!

Ioana Jiga

A: Without getting too heavily into the facts of your particular circumstance, let's go over the basics. A lease is a legal contract. The rights of each of the parties (you and your landlord) are spelled out in the lease. Can you have visitors over? If you have been served with a three-day notice, chances are the landlord believes you have violated some provision in the lease. Despite the fact that you and the landlord may have had a verbal understanding, the lease (the written document) will be the deciding factor.

Immediately, you should contact a local tenant's rights organization. If you cannot find one easily, call the local university or legal aid society, they'll be able to direct you to help. If need be, you should contact a local attorney. Your landlord is trying to evict you, unless you defend yourself, you may find yourself homeless (believe it or not, I was evicted once!)

That's my "short answer." This is no substitute for getting legal help - which, in your circumstance, I highly recommend. Good luck.

 
 
 
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