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mango54 · Nov 4, 2008, 05:47 PM

Another ? About our fire in Kagel Canyon, Ca. On the 12th of Oct. we had a fire in the canyon and my tennent had 1 trailer and 1 rv with everything he owned burned to the ground on my property. A neighbor brought a loner rv for him to live in on my property plus he is plugged into my electricity. He says he can't pay any rent cause he has no money. I can see this happening for a while, but for how long and what are his rights and what are mine?
Thanks again for all your help!

rockinmommy · Nov 4, 2008, 06:24 PM

Ok, is this the same tenant who wanted to skip out of 4 days of rent because he couldn't live in his unit those 4 days?

Or did you rent out trailer space to someone additional?

Did you have leases with these people? What does the lease state? Have you checked with your insurance? I take it the tenant didn't have any renter's insurance? Is there any kind of disaster relief that can be applied for or anything?

Can you clarify a little bit what the property consists of - how many tenants, rental units, etc? And what was your lease arrangement with the tenant(s) up until this point?

Fr_Chuck · Nov 4, 2008, 06:52 PM

Well this is the difference between being a business person renting property and a person who normally taken advantage of.

No there is no reason you can not require full rent, he either pays or moves, very simple,

If you want to give charity, then make it in writing and specific as to what you are giving.

mango54 · Nov 4, 2008, 07:21 PM

Originally Posted by rockinmommy

Ok, is this the same tenant who wanted to skip out of 4 days of rent because he couldn't live in his unit those 4 days?

Or did you rent out trailer space to someone additional?

Did you have leases with these people? What does the lease state? Have you checked with your insurance? I take it the tenant didn't have any renter's insurance? Is there any kind of disaster relief that can be applied for or anything?

Can you clarify a little bit what the property consists of - how many tenants, rental units, etc? And what was your lease arrangement wtih the tenant(s) up until this point?

The one who wanted to skip 4 days rent was in the guest house, but has now paid in full.

I have a month to month with the trailer guy. He has been here for 3 yrs. My ins. Only covers fire to my structure. He had no ins. I think Red Cross helped him but slightly. I tried to bargan with him as far as work I have on the property now being mud slides behind my house. I am a woman doing it all and he has not tried to help me with that. I am just afraid he wants to squat here. Am I being insensitive? And thank you for your help rockinmommy

rockinmommy · Nov 5, 2008, 09:47 AM

You are not being unfair. Like FrChuck pointed out... this is a business. It's a business first, and I can tell you from experience that every time I've forgotten that or put that aside to try to help someone I've basically gotten screwed. That's not to say that I won't still do what I can to help someone out, but I do it within set parameters.

I've had great success havng tenants work in exchange for rent, etc. You need to make a very clear-cut agreement before any work is done. And I keep an accounting of the work as it's completed. If they're working hourly or on a per job basis. It's not that the work will outweigh the rent and they can do it whenever they get around to it. There need to be deadlines, etc.

What did this person do for income, to pay their rent prior to this disaster? I certainly feel for the guy - losing all his stuff (although, did he not have enough notice to simply move the RV?) but I'm not sure I totally understand how that has impacted him not having an income.

Last, did you have a written agreement with him? If not, it's time to put one in place NOW. And make sure the electricity issue is included. Was he using your electricity before?

mango54 · Nov 5, 2008, 10:27 AM

He is a painter and an artist. I think he lost a job because he was here cleaning up. Or he is just telling me that. He comes and goes so I don't know if he is working or not at this point.

He was unable to move the RV @ the time of the fire because he was sleeping @ the job site and unaware of the fire. When I was able to come back up here I tried to notify him about his loss.

He has always been plugged into my electric and to tell you the truth he does not pay that much to begin with. For a while I wanted to get him to move. I still think that would be the best thing. I've tried to help him but I am not responsible for him. I will put something in writing for his help with the sand bags if not can I give him a time frame for moving? I have only a contract for rent and for how much per month.

rockinmommy · Nov 5, 2008, 11:20 AM

So is he just month - to - month? Or do you have a lease for the space for a set time frame?

I have no idea how this would fall within your state laws. In Texas we have regular, residential rental property code and then we have a separate code for mobile home rental, space rental, etc. And I honestly don't even know where the line is drawn between a "set" mobile home and a regular RV. So first I think you just need to determine what set of laws this would fall under.

I would definitely get him to leave. I'd give him a 30 day notice (let him fight it if he doesn't think that's long enough legally) to have the RV moved by. Then I would add to that, that the 30 day notice is assuming he goes ahead and pays the rent he owes (or whatever work you agree to, etc.) If he doesn't fulfill that obligation I'd evict him. You'll just need to figure out how.

That's my opinion.

Or if you want to be more "charitible"... give him a period to park there, but tell him the electricity is off limits.