In My Neighborhood in 85737>Question Details

DrD, Home Buyer in 85742

Someone drove through the living room of the house we rent in Oro Valley. As a tenant, what should I do?

Asked by DrD, 85742 Sat Apr 13, 2013

I am a tenant, renting a 4 BR 2.5 BA 2 story corner lot home in Catalina Shadows in Oro Valley. On 05-Apr-2013, while I was at work, and Mrs at home, a car drove into our living room. Front wheels of car inside the house. Living room wall & window busted. No injuries but quite a scene. Police, Firefighters, Ambulances, neighbors were all here. TV Crew too and this was on the evening news.
Mrs & I both shaken up. Personal damages include couch, speaker stand & wall unit. Repair crew put up temporary wall. Building inspectors said it was OK to occupy home. It has been over a week now, and property managements says "Permanent repairs will take awhile, Be patient". Friends/well-wishers say "This is not what I signed up for and someone should pay for inconvenience/stress" (although a safe place, hard to sleep well). What would you do if you were in this same situation? Looking for advice/comments from the Trulia community. Thank you!

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Hi there! I am so sorry that this happened to you- your home is where you should feel the safest. I live in Catalina Shadows as well, and was pretty shocked when I saw what had happened. Honestly- if it were me- I would probably want to move until the repairs were fully completed. True, it was not the owners fault that this occurred, but I would at *least* push them for a written deadline for it to be completed, as well as asking for a rent reduction until things are done. Do you have renter's insurance? That should have covered your personal items... and the owners policy should cover the damage. AS far as inconvenience and stress- I totally agree you have had MORE than your fair share of both. I am obviously not an attorney so not certain what recourse you have-- on the driver's insurance company or the owner. Best to call up a local attorney and explain in detail to them to explore your options. Good luck!!!!!!
1 vote Thank Flag Link Sat Apr 13, 2013
Hi again Jay & Hilary! Thank you for your kind response. We really appreciate it. The insurance investigators have asked us twice so far if we are going to be living in the house during the repairs, which makes me feel we shouldn't be! But given all the stuff we have in the house, we prefer hanging in there. I would think, it is just one wall, so they need to fix just a wall. But today, I hear that we need to vacate that entire room. Which has me fuming. I have a lot of things in that room! So inconvenient and stressful! Property management says "Be patient. It will take awhile". Yes I have renters insurance. Given them all the info. I very much appreciate your advice and have been thinking of contacting an attorney - at least to find out what my rights and options are. Thanks very much!!!
Flag Tue Apr 16, 2013
I would call the police first, then the homeowner, and next my insurance company.

Spirit Messingham, PLLC
3rd Generation Full-Time Realtor®
Tierra Antigua Realty
Direct (520) 471-6900
Fax (866) 365-5208
1 vote Thank Flag Link Sun Apr 14, 2013
Thanks Spirit, Appreciate the advice. All those steps were taken on the day of the accident.
Flag Tue Apr 16, 2013
Dear Dr D:

Sorry. You may want to consider moving. Due to the circumstances, contact your Landlord and ask for an early release from your lease.

Your Realtor can help you with finding a new place to live.

Jeffrey Masich, Realtor, GRI, MBA
Arizona homes and land for purchase or sale
1 vote Thank Flag Link Sat Apr 13, 2013
Hi Jeff, I appreciate your advice. Sometimes, I feel like that is EXACTLY what I need to do! Move out! But then, given ALL the stuff we have in this 4BR house, I crush that thought. Anyways, I am playing it by the ear now.
Thanks again for your response. Appreciate it.
Flag Tue Apr 16, 2013
Who do you want to compensate you? Was it the owner's fault that someone drove through the house? Did you have renter's insurance? Does the homeowner have insurance to cover you? Did the driver have insurance? What does your lease state?

I can not say what I would do in that situation as (1) I'm not you, and (2) I've never had that experience and one can imagine what they would do, but that usually changes when the event occurs.

You need to do what is right for you. Find out the tenant landlord laws for your state, read your lease, and if necessary, have an attorney and insurance company review your rights and options.

I hope this gets handled quickly for you.
Web Reference:
0 votes Thank Flag Link Sat Apr 13, 2013
Hi Terri, Thanks for your response. I am not sure if one of your questions was sarcastic, but I will answer it like it wasn't.
I know it is NOT the owner's fault that someone drove through the house.
Yes I do have Renter's insurance.
No Homeowner's insurance will not cover tenants/tenant property.
Yes Driver has insurance.
And YES I expect the driver to compensate for the damages he/she is responsible for by being stupid enough to drive into the house.
I appreciate your advice and am looking to hire an attorney to determine my rights and options.
The reason I have decided to do this is not because I want to make money off this situation. It has been over a week living with a temporary wall. We were told "Be patient. It will take awhile". And today, I hear that in order to fix that one wall, we need to completely vacate that room for repair crew. Which is crazy, inconvenient and stressful.
Anyways - Thank You for your inputs. Appreciate your response.
Flag Tue Apr 16, 2013
For any necessary legal advice consult with an attorney who specializes in real estate....
0 votes Thank Flag Link Sat Apr 13, 2013
Anna, Thanks for your response.
Flag Tue Apr 16, 2013
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