Tenant Injured - Hired Lawyer/ What to do?

Tenant showed me a soft spot on the subfloor that was apparently close to being rotted out. I did not have my tools with me at the time and told him I would be back the next day to fix the subfloor. Four hours later the tenant called me saying that he went through the floor and injured his knee. We were there the next day repairing the spot as promised. We turned in the claim to our insurance company as the tenant did not have his own health insurance. The tenant has now hired an attorney and would not sign an agreement saying he would be out by a certain date w/out his attorney reviewing it first (we cannot make the necessary repairs with him and his family in there, it would just not be possible). The tenant has also not paid his rent for the month. There are now other soft spots in the floor and I fear that the tenant may have another “accident” to get more money out of the deal. I have told him basically the whole subfloor in the bathroom and kitchen need replacing and we cannot do that with him in there. If I file for eviction based on the fact that he has not paid his rent will this look like retaliation in the eyes of the court? Basically we are at a standoff. I cannot get him to move out soon enough and I have no assurance he won’t have another “accident” while in the unit. Any advice is greatly appreciated. (I am in TX by the way).

By the way… his lease is up Jan. 29, 2010. Just thought I would include that tidbit of info.

Hi,

When it has been necessary to perform major repairs which require demolition and exposure of major structure, we have supplied a hotel room or condo as a short term lodging while we make repairs. Probable the longest I can remember was a couple of months.

In this situation a lot could have been aleviated if you had not insisted he move after going through the floor. Just because his lease ends does not mean he intended to move and if he has been a good tenant and paid on time it will be hard now to convince a judge your intentions are strictly in trying to avoid future accidents because you could have offered to put them in a motel for a week or so.

Now I am afraid a judge may feel that you are retaliating because he has legal council. I hope you have landlord / tenant insurance and a good attorney.

I quite frankly would not pay my rent if there is a major problem and an injury and landlord is not moving to make immediate repairs.

I have moved a tenant into motel and had professional movers pack belongings, store them for 10 days and move them back in.
Your insurance company may pick up part of the floor repair, but the way you handled the tenant can’t be repaired.

Good luck,

                 GR

The idea that the tenant MAY have been injured and has hired an attorney HAVE NOTHING TO DO WITH THEIR DUTY TO PAY! If he hasn’t paid, start the eviction process TODAY! I find it ironic that the tenant fell through the floor 4 hours after notifying you that it was soft!!! How badly was the tenant injured? Did they have broken bones? How did the floor get soft and why were they able to walk on it for months and then suddenly discovered it was soft and fell through it??? THIS SMELLS LIKE A SCAM TO ME!

Let’s be real here, unless the ENTIRE floor is wrotted away, you do not need the tenant to leave to fix this. Hopefully you’ve already patched the area where the tenant fell through. Evict them for non-payment. Once they’re out, fix the floor right.

Good Luck,

Mike

As far as the extent of the damages, roughly 40% of the subfloor in the kitchen and 90% of the subfloor in the bathroom need to be replaced in order for it to be done right. And the tenant has not been the best tenant in the world - several noise complaints, he insists I come pick up the rent instead of mailing, and admittedly threatened to “kill” the kid next door who is mentally handicapped for playing some music at 10:30 at night (he was banging on the kids adjoining wall and threatening him). I have also not “insisted” that he move. I recommended it to him because there is no way those repairs can be done with two adults, a four year old, and a 10 month old in the house. Should I offer to pay two nights hotel and try to get the repairs knocked out? I think two or three days would be enough time (replace plywood subloor with vinyl stick-on tiles over it).

The part he fell through had been patched by a previous owner with particle board. There was a recent leak where water came from underneath the sink out on to the floor (I fixed this problem immediately after the tenant notified me). If the wood had been plywood there would be no problem but because that particle board got wet, you know how easily that stuff can rot. I fear that the previous owner may have put down more particle board in other places which is why I want to tear up roughly 40% of the kitchen and 90% of the bathroom.

As for his injuries he says his knee is messed up-slight bruising on outside of knee and an ER doctor told him he reaggravated an ankle injury he had surgery on before he ever moved in to our place. He has not seen a specialist yet as he has no insurance and apparently no money to see one himself. I really appreciate all of your feedback. Thanks!

The bottom line is that if he hasn’t paid the rent, he needs to be evicted. I would start the process today. I would also immediately go patch any areas that you think are unsafe. As soon as he’s out, do the major rehab on the floor.

Good Luck,

Mike

So we told the tenant that according to a contractor we spoke with the repairs could be done in a two to three day time period. We then offered to put him in a motel for two to three nights while this was taking place. The tenant said he found a place last night and already signed the paperwork and put down $1400 on the property. He still has not paid his rent or even offered anything of the sort. I doubt he has told his attorney that he has not paid his rent or about his bad track record while being a tenant at the property. Any more thoughts? Should we just let the insurance company and his attorney communicate from this point on?

Once again, thanks for your replies. I appreciate all of your input.