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This topic comprises 3 pages: 1 2 3
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Author
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Topic: Florida area theatres/Hurricane Charley
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Jason Black
Phenomenal Film Handler
Posts: 1723
From: Myrtle Beach, SC, USA
Registered: Nov 2000
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posted 08-19-2004 06:29 PM
Thomas,
Sorry to hear about your findings. Like others have said, at least you're ok. Belongings can be replaced. As Mike said, I do hope you had renters insurance. I never had a policy and have often wondered, at times like this, what I would have done had I lost everything... ![[Frown]](frown.gif)
Richard,
The best thing that could have happened would have been the whole theatre being blown down. When we aquired the theatre during the Floyd acquisition, I was sent there as part of the 'transition team'. WOW. Talk about culture shock. Old Radio Shack tape deck for the intermission music, tied into a Marantz amp.. ORC platters and I think they had old Lumex lamphouses, but I'm not 100% sure about that.
I dont' have many find memories about the place, truth be told. The manager at the time, Bert Daly, seemed to be a decent enough fellow. I do recall there being very little attendance while I was there. The only real store I knew was the local Wal-Mart, which never had anything I needed ot pick up..
I recall making a trip to Port Charlotte, turning around and coming right back, as the theatre opened for evening shows only. I also made it out to Sebring while I was there, but I had no time to actually see anything due to operating hours and travel time being so tight.
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Thomas Procyk
Phenomenal Film Handler
Posts: 1842
From: Royal Palm Beach, FL, USA
Registered: Feb 2002
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posted 08-31-2004 12:04 PM
Hey everyone. Just popping in with a quick note to let everyone know I still exist.
The battle with the property manager in terms of getting out of the lease of a wrecked apartment (yes, it's been a battle!) is almost over, but the battle with the insurance company is just beginning.
Hopefully they will be nice enough to replace most of my stuff, but it's been two weeks and I'm still without a bed, a computer, furniture, and 90% of my clothes. They're hesitant about doing anything regarding my Pac-Man machine, and said that I need to screen all of my films (which have that nice "tape peeling off the roll" sound when unwound due to the moisture) before I can claim them. *sigh* If anyone has any suggestions other than getting a lawyer on their ass (in the process of that now) I'd like to hear them. Can films technically be claimed at all?
I'll write back once I get my own computer. ![[Smile]](smile.gif)
Take care,
=TMP=
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William Hooper
Phenomenal Film Handler
Posts: 1879
From: Mobile, AL USA
Registered: Jun 99
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posted 09-01-2004 01:27 AM
This happens way too often after hurricanes. Your landlord is trying to take advantage of any ignorance in order to keep tenants paying rent & thus make the landlord's loss less.
Your landlord is using the term "liveable", because "uninhabitable" is a specific legal term which is both a legal definition which covers the apartment's condition in law, & is also in tenant law a cause for legal termination of the lease by the tenant.
Here's what your landlord is trying to make you believe your covered under ![[john]](graemlins/john.gif) 'd under Florida Tenant Law
http://www.flsenate.gov/Statutes/index.cfm?App_mode=Display_Statute&URL=Ch0083/ch0083.htm
quote:
83.51 Landlord's obligation to maintain premises.--
(1) The landlord at all times during the tenancy shall:
(a) Comply with the requirements of applicable building, housing, and health codes; or
(b) Where there are no applicable building, housing, or health codes, maintain the roofs, windows, screens, doors, floors, steps, porches, exterior walls, foundations, and all other structural components in good repair and capable of resisting normal forces and loads and the plumbing in reasonable working condition. However, the landlord shall not be required to maintain a mobile home or other structure owned by the tenant.
[...]
83.56 Termination of rental agreement.--
(1) If the landlord materially fails to comply with s. 83.51(1) or material provisions of the rental agreement within 7 days after delivery of written notice by the tenant specifying the noncompliance and indicating the intention of the tenant to terminate the rental agreement by reason thereof, the tenant may terminate the rental agreement. If the failure to comply with s. 83.51(1) or material provisions of the rental agreement is due to causes beyond the control of the landlord and the landlord has made and continues to make every reasonable effort to correct the failure to comply, the rental agreement may be terminated or altered by the parties, as follows:
(a) If the landlord's failure to comply renders the dwelling unit untenantable and the tenant vacates, the tenant shall not be liable for rent during the period the dwelling unit remains uninhabitable.
(b) If the landlord's failure to comply does not render the dwelling unit untenantable and the tenant remains in occupancy, the rent for the period of noncompliance shall be reduced by an amount in proportion to the loss of rental value caused by the noncompliance.
However, what you've got is an uninhabitable dwelling due to casualty damage
quote:
83.63 Casualty damage.--If the premises are damaged or destroyed other than by the wrongful or negligent acts of the tenant so that the enjoyment of the premises is substantially impaired, the tenant may terminate the rental agreement and immediately vacate the premises. The tenant may vacate the part of the premises rendered unusable by the casualty, in which case the tenant's liability for rent shall be reduced by the fair rental value of that part of the premises damaged or destroyed. If the rental agreement is terminated, the landlord shall comply with s. 83.49(3) [F.S. 1973].
"The tenant may terminate the rental agreement & immediately vacate" Get your stuff, get out. You've got a problem with still dealing with insurance & finding a place to take your stuff. Otherwise, you just write a letter to your landlord saying you are terminating your lease under section 83.63 of the State of Florida Landlord & Tenant Law. You don't pay one more dime after the hurricane wrecks your apartment. (Unless you want to; some people will stay & pay reduced rents in severely damaged apartments if they have nowehere else to go)
When you talk to the landlord, if you do it anymore, use only the word "uninhabitable". This is because local codes will define "uninhabitable", & uninhabitable is specifically the condition mentioned in 83.56(a)
quote:
(a) If the landlord's failure to comply renders the dwelling unit untenantable and the tenant vacates, the tenant shall not be liable for rent during the period the dwelling unit remains uninhabitable.
An uninhabitable dwelling in most state codes is one which poses a risk to health, safety, or property. The structural damage of the tarp on the roof not meeting code is a risk to your health, safety, & property, likewise is the dangerous electrical system, & any health conditions such as mold growing, standing water. I only bring this up, because most states also have a law making it illegal to rent an uninhabitable dwelling, & the moment it becomes uninhabitable, they can't pocket another dime. Landlords get sued for rent they collected while the dwelling was uninhabitable, so if you were deceived into paying another month's rent, you should get that refunded. Florida law is probably very much slanted toward real estate interests, so that may not be applicable. Once you get settled elsewhere, you can check on the local law & may be able to send them a letter & get your money back.
But for right now, you're out of your lease immediately by law under section 83.63. Get your stuff. Write them a letter specifically saying that "the apartment was made unihabitable by the hurricane on (date)" & that you're terminating the lease under section 83.63 of the Florida Landlord & Tenant Law. Take pictures if you haven't already, because they may figure you'll be a good target for intimidation by threatening lawsuit. Next time you go over take friends, i.e., witnesses. You're dealing with a B-team snake. If you haven't noticed, most of your neighbors have terminated their leases & gone already.
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Arcadia has a "bi-plex" cinema....maybe they had enough damage to replace their mono sound and their ORC platters ![[Cool]](cool.gif)
![[Roll Eyes]](rolleyes.gif)
The property manager flipped on all the breakers and began "testing" all of the appliances in the kitchen where the water soaked through the floor and walls. She finally quit when the microwave began sparking. I tell ya, it's been quite an adventure. Would make a good movie...![[Mad]](mad.gif)
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