ha yeah. throw the book at her. You can have the house but don't mess with the dog.

2/23/2010 2:06:49 PM

5.02

[Edited on February 23, 2010 at 2:07 PM. Reason : >.<]

2/23/2010 2:06:52 PM

belongings, houses, etc. are replaceable, but the suffering of an innocent shepherd...now that's a shame.

2/23/2010 2:07:53 PM

who is saying you still have to pay rent?

2/23/2010 2:12:50 PM

min property damage part of auto insurance is like $25k in NC (pets are considered property in NC auto-insurance-wise). If that is all she had, I'm not sure how you go about splitting that up between you (your stuff, your dog) and the property owner though. As the driver of the vehicle she must have insurance (to have a license). Insurance covers the driver, not the car, so if it wasn't her car I don't know why you'd be able to after the owner of the car's insurance. There may be circumstances where the owner's insurance comes into play, but I'm not aware of any (nor am I a lawyer).

Is that "$500 deposit" the deposit you paid your landlord or is that the deductible from your insurance policy. If the latter, that is the way things work and if the former, your landlord sounds like a lunatic.

[Edited on February 23, 2010 at 2:13 PM. Reason : ]

2/23/2010 2:13:44 PM

it's the deductible, which my insurance company is trying to get from hers but they said its 50/50 and takes a long time, but I can sue her personally to have her pay it.

2/23/2010 2:15:59 PM

Quote :

"Insurance covers the driver, not the car, so if it wasn't her car I don't know why you'd be able to after the owner of the car's insurance."

...But policies are tied to a particular car.

Not to say her policy won't cover her because she's driving someone else's car, but the default is that a policy is tied to a specific vehicle. You have to get a particular kind of insurance in NC if you want a license, but don't have a car - a non-owner's policy.

Quote :

"who is saying you still have to pay rent? "

[Edited on February 23, 2010 at 2:16 PM. Reason : INQUIRING MINDS!]

2/23/2010 2:16:08 PM

Quote :

"I hope that I won't have to pay the rent but as far as what we know so far only a month is covered and I can live in a hotel during that time but repairs are set to take 2-6 months. I'll know more tomorrow on that."

You didn't answer the question on who is saying that you have to pay rent.

Renter's insurance shouldn't have jack shit to do with you paying rent or not. That is between you and your landlord. The landlord has a duty of delivering the rental property in a suitable condition for you to live in. If they can't do that, then you don't have to pay anything. You should just do a quick browsing of the North Carolina Landlord/Tenant Law and be like, "excuse me Mr./Mrs. Landlord...but I don't owe you anything until the house is back to regular...kthnx, call me when the house is fixed."

2/23/2010 2:16:41 PM

Quote :

"but I don't owe you anything until the house is back to regular"

NC actually prohibits this (in the very simple 'I'm not paying until you fix this' sense.)

2/23/2010 2:17:57 PM

^It's not like they are fixing something in particular...they have to fix the whole fucking house. This guy can't live in the house right now. Big difference.

[Edited on February 23, 2010 at 2:20 PM. Reason : guy...not girl]

2/23/2010 2:19:39 PM

I have an idea of who the landlord might be......

2/23/2010 2:20:48 PM

I'm not disputing that part

Just sayin', it's not that simple.

He's got recourse, but it doesn't include 'I'm not paying you until the house is fixed' without further action. Here's the good stuff. IANAL, but I'm not seeing a part where it says 'if damage >X, requirements waived' or ' "habitable" means the moderate stuff - for more serious issues, terms for withholding rent are different'

There is this:

Quote :

"§ 42-12. Lessee may surrender, where building destroyed or damaged. If a demised house, or other building, is destroyed during the term, or so much damaged that it cannot be made reasonably fit for the purpose for which it was hired, except at an expense exceeding one year's rent of the premises, and the damage or destruction occur without negligence on the part of the lessee or his agents or servants, and there is no agreement in the lease respecting repairs, or providing for such a case, and the use of the house damaged or destroyed was the main inducement to the hiring, the lessee may surrender his estate in the demised premises by a writing to that effect delivered or tendered to the landlord within 10 days from the damage or destruction, and by paying or tendering at the same time all rent in arrear, and a part of the rent growing due at the time of the damage or destruction, proportionate to the time between the last period of payment and the occurrence of the damage or destruction, and the lessee shall be thenceforth discharged from all rent accruing afterwards; but not from any other agreement in the lease. This section shall not apply if a contrary intention appear from the lease. "

That likely makes both my point and yours moot, though.

[Edited on February 23, 2010 at 2:26 PM. Reason : zxc]

[Edited on February 23, 2010 at 2:27 PM. Reason : sdf]

2/23/2010 2:23:34 PM

^That's exactly what I was about to copy and paste. Personally...unless the OP for some reason is dead set on living in this house again, she should just get out of the lease...which should easily be allowed under the circumstances.

[Edited on February 23, 2010 at 2:28 PM. Reason : .]

2/23/2010 2:27:44 PM

I agree completely.

But being allowed to break the lease is a different beast than being able to withhold rent based on necessary repairs. Kinda hard to withhold rent that, because the lease is broken/gone/dissolved/moot/etc, isn't even owed.

[Edited on February 23, 2010 at 2:30 PM. Reason : sf]

2/23/2010 2:29:22 PM

^I understand what you're saying...and you can read the law any way you want to read it, but you'll never see a situation where someone has to pay rent when they can't even live in the house for over a month. Someone might have to move out for a week or two while something is getting fixed and then the rent can get pro-rated for the next month....but there is no way in hell the OP should have to pay rent for any amount of time that she can't live there...especially considering the length of time it will take for repairs.

And this is ultimately what it comes down to:

Quote :

"(a) The landlord shall: (1) Comply with the current applicable building and housing codes, whether enacted before or after October 1, 1977, to the extent required by the operation of such codes; no new requirement is imposed by this subdivision (a)(1) if a structure is exempt from a current building code. (2) Make all repairs and do whatever is necessary to put and keep the premises in a fit and habitable condition."

This just happens to be an EXTREME circumstance. I just can't imagine who is telling her she has to pay rent. If it's the landlord, then it's just a ballsy attempt to keep getting money and hoping that the lessee is dumb enough to either not fight it or not ask for it back a later point.

2/23/2010 2:36:39 PM

I'm in class right now, but I'll try to clarify who is saying I still have to pay rent, all I know so far is that's what my parents have told me because they are the ones negotiating with the insurance people.

as per an email sent by my mom

Quote :

"I talked to State Farm. 1. We have to make a list of all damaged property. 2. Provide receipts for all damaged goods, have photographs of items. 3. THEY WILL ORDER REPLACEMENTS AND HAVE THEM SHIPPED TO YOU!!! 4. They do not cover rent! They will only pay (temporarily) the difference between your current rent and temporary housing rent which is a Travel Inn hotel. 5. They will take their $500.00 deductible unless they can get the money from the drivers insurance company. "

[Edited on February 23, 2010 at 2:48 PM. Reason : .]

2/23/2010 2:46:34 PM

Quote :

"you'll never see a situation where someone has to pay rent when they can't even live in the house for over a month."

Never said they would.

What I said was that it's not as simple as "I'm not paying until it's fixed" - that there are steps they have to take, in order to not pay rent on the basis of the house not being habitable.

This is just the other side of the coin where a landlord can't kick a tenant out for nonpayment without going through the proper channels.

2/23/2010 2:47:01 PM

so i guess the deal is, I can get out of the lease, but I don't want to because I pay $700 a month for that house, which I've lived in for 4 years and really love and I can't find anything even close to that price/space that will allow German Shepherds and is reasonably close to State or anywhere fun downtown. Also, a bunch of my friends moved near me so we can walk to eachothers house and grill out/party without worrying about driving drunk

2/23/2010 2:50:23 PM

Quote :

"What I said was that it's not as simple as "I'm not paying until it's fixed" - that there are steps they have to take, in order to not pay rent on the basis of the house not being habitable."

Honestly...it is that simple. I understand you are looking at landlord/tenant law and not seeing anything that relates directly to this situation. But from dealing with dozens and dozens of landlord/tenant situations from the legal aspect, and seeing the facts in this case, all she has to do is have a 5-minute conversation with the landlord that talks about when she'll be able to move back in and that she'll start paying rent again when that happens.

There is no law that supports her having to pay rent in this situation, and unless the landlord is a complete fucking retard, then there should be no "steps" she has to take.

And after seeing her post...it seems that her mom is saying that the insurance company won't pay her rent if she moves to another place. But that is just my guess on that one.

Quote :

"I can get out of the lease, but I don't want to because I pay $700 a month for that house,"

You need to call your landlord then and talk things out. Seems like it should be pretty easy.

[Edited on February 23, 2010 at 2:59 PM. Reason : .]

2/23/2010 2:57:41 PM

It sounds like you might not have even talked to your landlord, based on ^^, in which case, the lease v no lease and rent v no rent issues may be irrelevant.

Quote :

"2. Provide receipts for all damaged goods, have photographs of items."

This is rather unreasonable.
This is why I said to read your policy: see if it requires this; the fact that they're asking for receipts tells me that they may be trying to avoid paying the replacement cost, which is what they SHOULD be paying - depending on your policy. (That, or they want concrete proof of ownership of every. single. item. as a tactic to lower the amount that they give you, since you're unlikely to have all receipts.) Sometimes it is more advantageous to have the original purchase price be what they reimburse you, but when it comes to what matters right now...you're gonna be replacing your stuff; ergo, the replacement cost is what's relevant.

[Edited on February 23, 2010 at 2:59 PM. Reason : sdf]

2/23/2010 2:58:20 PM

I'm siding with the one with the law degree on this one...

2/23/2010 3:00:22 PM

Quote :

"...But policies are tied to a particular car. Not to say her policy won't cover her because she's driving someone else's car, but the default is that a policy is tied to a specific vehicle. You have to get a particular kind of insurance in NC if you want a license, but don't have a car - a non-owner's policy."

Why would you need liability insurance to have a license if every vehicle you could possibly be driving should (by-law) also be insured?

Quote :

"Non Owners Insurance Non Owners Insurance is required by the state of NC to obtain your license, whether you have a vehicle or not. Get your DL123 form by obtaining a quote today. We can issue your policy and DL123 form the same day over the phone. Please complete the quote below to obtain your insurance. Non owners covers your liability to others in case you are involved in an accident and are at fault. The minimum limit that North Carolina requires is $30,000 per person, $60,000 per accident, with $25,000 for property damage, for short 30/60/25. You can carry higher limits, but are only required to carry the state minimum. We recommend that you carry as high of limits as you can afford. The maximum limits are 250/500/100 and an umbrella of 1 -2 million can be added. If you live with your parents, you do not qualify for non-owners insurance. You will need to have your parents get a quote and add you as a driver. Rates are much lower when you are combined on your parents policy versus trying to get your own policy. If you are married, you also do not qualify for non-owners insurance and would need to get a quote with your spouse."

http://www.ifitsinsurance.com/non-owners-insurance.html

Again I'm not saying there aren't circumstances where the car owner's insurance won't pay, I just don't know what they are. The only time I've seen this happen, the driver's insurance paid to fix both the owners car and another car involved.

[Edited on February 23, 2010 at 3:10 PM. Reason : ]

2/23/2010 3:09:13 PM

Quote :

"Why would you need liability insurance to have a license if every vehicle you could possibly be driving should (by-law) also be insured?"

Just because it's the law doesn't mean that everyone follows it. There are a lot of fuckers out there driving around un-insured.

There are also a lot of UNDER-insured drivers. You carry insurance to cover big accidents where there insurance doesn't pay for EVERYTHING.

2/23/2010 3:11:46 PM

^I'll buy that I guess. The way I see it though is that non-owner insurance is the most basic liability. NC is a contributory-negligence state so maybe they split up the liability based on that? Then it would seem that the owner may be responsible for a good part if she let her friend drive her car knowing she was drunk/fucked up

[Edited on February 23, 2010 at 3:14 PM. Reason : ]

2/23/2010 3:14:19 PM

Quote :

"Why would you need liability insurance to have a license if every vehicle you could possibly be driving should (by-law) also be insured? "

Because you simply can't have a driver's license in NC without auto insurance.

Insurance is a pre-requisite of getting a DL.

2/23/2010 3:15:11 PM

^The first rule of tautology club is the first fule of tautology club, lol

2/23/2010 3:23:12 PM

Clarity, son

Just ensuring it

2/23/2010 3:24:35 PM

Holy shit Evan!

When I read this thread, before you posted the pics, I didn't notice the name and thought "damn, that sucks. I know a guy that lives on Gorman." and continued along the intertubes


then you posted the pics and I realized who it was


This shit is surreal man, but it seems to me that with the right legal backing you should be able to break even. Glad to hear Gunnar will be okay though...sorry about your house man that place was pimp

2/23/2010 3:39:59 PM

thanks Dave, I should be able to work everything out, just a time consuming hassle on top of grad school and work, but life has a funny way of working out for the better.

I'll actually be heading up to Bada after class (at about 4) to meet Prodan and another friend up there.

2/23/2010 3:46:26 PM

This is going to come off as bitchy but

Quote :

"all I know so far is that's what my parents have told me because they are the ones negotiating with the insurance people."

How old are you? Why aren't you talking directly with all these people? Seems like having a middle man in these negotiations is a good way to get misinformation.

2/23/2010 7:42:29 PM

wow, this is nuts. i hope everything works out for you.

sorry, i don't have any legal speculation on this, other than you'll probably have to pony up the deductible...that's just how insurance works.

2/23/2010 8:27:48 PM

^^I'm 23 but I cosigned the lease, which is why my parents are negotiating everything. I wouldn't have a problem doing it myself, but they insisted so it's whatever.

**update** police report came out today, the girl that hit my house blew a .20 and tested positive for several differnt types of drugs, also had no driver's liscense or insurance...

2/24/2010 4:32:52 PM

i bet she was a hipster

2/24/2010 4:37:57 PM

damn

2/24/2010 4:38:17 PM

You really need to see a lawyer to find out what options you have between her personal assets and the car owner's insurance/assets.

2/24/2010 4:38:45 PM

haha hipsters

she was dong 50mph too, forgot to add that.

2/24/2010 4:39:15 PM

where are the jail pics...

2/24/2010 4:41:01 PM

haha I hope they feature her in the slammer

2/24/2010 4:45:41 PM

Charged with DWI, Careless & Reckless, and "NOL". What is NOL?

Someone pic up The Slammer, find Shannon Brinson, scan and post the pic! It'll be on their website in another week if nobody scans it for us first.

2/24/2010 4:47:12 PM

haha damn detective Skack you found all that already haha, gg.

you think the slammer with her is out already? I want to know if she's a student somewhere. she just turned 23

[Edited on February 24, 2010 at 5:01 PM. Reason : ?]

2/24/2010 5:00:19 PM

no operators license?

2/24/2010 5:02:57 PM

http://twitter.com/ImaMarie ?

2/24/2010 5:05:15 PM

hahaha, i think it is

Quote :

"# God has a way of getting your attention. I'm definitely attentive right now... 5:14 PM Feb 22nd via UberTwitter # Taking care of serious business... 10:32 AM Feb 22nd via UberTwitter # Mi tipsy!!! Wher my home at? 12:32 AM Feb 21st via UberTwitter # I had sooO much 12:21 AM Feb 21st via UberTwitter # RT @Officially_Slim: RT @ImaMarie: Tipsy with @Officially_Slim Lmao! « *pukes*7tlimokay I can't even get its 22ethA! 12:12 AM Feb 21st via UberTwitter # RT @Officially_Slim: WASTED " we @Officially_Slim we wasted!!! 12:01 AM Feb 21st via UberTwitter # RT @Officially_Slim: Me && @ImaMarie @ Hi5 all the way turned uppp. http://tweetphoto.com/12061704(Hell yea! We turnt up!) 10:51 PM Feb 20th via UberTwitter "

2/24/2010 5:12:33 PM

Gotta be her. The bio says her birthday is 2/25 which matches the birthday on the police report.



http://tweetmeme.com/user/ImaMarie

[Edited on February 24, 2010 at 8:42 PM. Reason : l]

2/24/2010 8:41:36 PM

TWW Action News on the story and then some.

Quote :

"Wher my home at?"

[Edited on February 24, 2010 at 8:55 PM. Reason : .]

2/24/2010 8:52:58 PM

holy shit, I can't belive ya'll found her twitter - TWW action news ftw

2/24/2010 9:00:46 PM

holy shit, I can't belive ya'll found her twitter - TWW action news ftw

2/24/2010 9:00:46 PM

I feel your pain, ncsuallday

Earlier this year, my house on Kaplan got robbed/burned down. Replacing all of your stuff sucks, not to mention the loss of your sense of security.

Best of luck getting everything straightened out.

2/24/2010 9:03:02 PM

was yours the one at the intersection of Kaplan and Gorman? I remember the fire at that one

2/24/2010 9:06:22 PM

^Na. It was on Kaplan near the Melbourne Road exit. I heard the same thing happened to another house on Kaplan, but I don't know where it was or if the two incidents are related.

2/24/2010 9:08:03 PM