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Looking for some punaweb opinion.
Got an email today outlining a tenant's notice that he was leaving 2 weeks into a multi month lease. Leaving immediately and expecting prorated refund.
His logic was that the lease was broken by failing to provide a generator. Did an internet search, and did not find anything that applied. Everything I found talks about repairs. Since the problem is outside my control is the lease in force.
Mahalo
ETA: immediately & refund
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Hmmm, I'm guessing your tenant may have the right to move out immediately even without notice, but that's only a guess. I'm a landlord myself and was willing to give my tenant half rate rent if they would stay. Power was just restored so now it's a non-issue. I'm not sure if the fact that it's out of your control is relevant to the matter. Sorry, I know that's kind of brutal. But don't take my word for it. Look it up in a landlord manual, like the Nolo one. Good luck and my condolences.
Added:
In essence, it boils down to whether lack of service constitutes a violation of the lease, in which case I think the tenant can do pretty much whatever they want.
I don't think there's anything preventing you from asking Helco to compensate you for your loss though. Again, "I Am Not A Lawyer" and Iselle was an "Act of God" so I don't know. Poor Helco...and right after I said good things about them...
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Hunt....Poor Helco...and right after I said good things about them...
And why is it Helco's fault that so many trees fell down?? I was without power for 5 days because a neighbor's trees fell o the lines and took out the whole street. These lineguys are absolutely busting their ass to get power restored to as many people as possible as fast as possible.
I have seen many posts on other sites - some from renters saying they can not go a month without power.
Sorry you don't like it Jurassic, but I do not think it is fair to expect your tenants to live without power for a month, act of God or no. If they are without power, that is on you. Sucks, but that is why you get the big fat rent check every month. Because as a landlord you have to deal with stuff. This island is at increased risk for more natural disasters than any other in Hawaii. Did you really think you could buy a property on the cheap, rent it out and NOT have to deal with stuff?
I remember my Dad having to head out on Christmas Day to go fix a tenant's property that had lost power in a winter storm. Was behind his control but still had to deal because the buck stopped with him. Use some of that rent check to go buy a generator.
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Aloha,
From what I have read. It depends on if you included electricty in the rent payment or if tenant was responsible to pay for electric and the account is in there name. If so then they cannot break the lease and are still obligated and the tenants beef should be with the electric company. I am also not a lawyer but I did research this fully as we are also landlords. No we do get a big fat rent check is does not even cover the mortgage, insurance and taxes on the place and our tenants get a fully furnished 3 bedroom home at a really low rate with internet, phone, satellite Tv provided they pay us about $27 a day for rent is what it averages out to be - They are responsbile for electric. Some campgrounds charge more then that per night.
Now if a tree or damage to the rental made it uninhabital such as roof flew off, windows busted out or simular that you could not repair in a timely mannner, then they could break the lease. Also if in a colder climate and heat was needed to keep warm, then they may have a loophole where they could break the lease. That is not the case in Hawaii.
Even though we did not have to we purchased a 4000 watt generator from Amazon and had it shipped to our tenants. Not becuase we had to becaused we cared about what they were going through and wanted to help in anyway we could. Had it shipped express delivery! Oouch the generator and shipping really hurt our pocket book and set us back some. But we did not want them to be without and wanted to do our part to help in any way we could due to the circumstances that was beyond their control.
Legally I do not think they can break the lease if you did not include eletric in the rental payment and lease - but then I am not really 100% sure.
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On a positive note - with all the extra HELCO crews working round the clock and the great job they are doing in a timely manner restoring power. I think most residents will have power again by mid next week.
We had an ice storm when we lived in Idaho back in 1994 that took power out for OVER 2 weeks mid-winter so no heat to keep warm but then did not have to worry about refrigeration just set our food outside in coolers.
We were renting at that time and it did not even cross our minds to contact the landlord. I guess we could have - but then at that time we were mountain folk and just dealt with like everyone else in the area had to - although it sucked
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If you want a legal opinion (the only one that matters in contractual matters) Punaweb, for all the excellent things it offers, is probably not your best source. You notice all the I think, I'm not sure, etc postings of people offering legal opinions who are really only offering personal opinions, which don't mean anything in court. For legal advice talk to a real lawyer.
life is short. enjoy it
life is short. enjoy it
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JurassicPark: You can ask in this legal forum - I ask legal questions on occassion and alot ot times the answers do come from Attorneys.
http://forum.freeadvice.com/
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It's hard to expect a tenant to remain in a home with no power.
