Property Management Q&A.... repairs by your tenant?
p r o p e r t y m a n a g e m e n t q & a
This question seems to arise more and more frequently and came from the Washington Realtor News May/June 2009.
Q: A tenant gave notice on 2/25 to repair a leaking toilet, saying that the handle was broken and it needed internal repairs. I know that I had three days to perform this kind of repair, but I didn't respond in time. Although the initial repair request did not include an estimate, she went on to request that a plumber replace both toilets in the house. I estimate the repair she original called about would cost $100 - $200, but replacing both toilets was $868. She has now withheld this amount from her March rent.
I issued her a three day notice. She has now hired and attorney. I don't want to escalate this into an expensive legal battle, but I need to know where I stand legally, before I decide what to do.
A: When a question like this arises, I follow this "checklist" to analyze the situation.
1. Does a repair duty exist on the part of the landlord? The only relevant duties are in RCW 59.18.060, in this case subsection (7) which states: "[the landlord shall]... (7) Maintain all electrical, plumbing, heating, and other facilities and appliances supplied by him in reasonable good working order;" Thus, as long as the toilet was in "reasonably good working order", you don't have a duty to perform a repair. The statute does not require that a device be in "perfect working order" or some such thing. Obviously, there is a lot of gray area here, but it should be noted that an older but still functional piece of equipment may not necessarily require repair.
2. Did the tenant cause the problem?...
...Christopher T. Benis an attorney with Harrison, Benis, and Spence, LLP, with offices in Seattle. The information contained herein is not legal advice. You are encouraged to consult with your attorney before relying on anything contained herein.
---
Thought this was interesting & want to continue reading? The rest of this article can be found at http://jenhudsonhomes.com/blog/archives/774. If you would like to learn more about real estate in general, visit my website at www.jenhudsonhomes.com.
Jen Hudson, GRI
Office: (360) 652-1200
Cell: (206) 293-1005
jen@jenhudsonhomes.com
Realtor with RE/MAX Signature
;)
;)
In this case I would want to see the estimate from the plumber she used to see what his original diagnosis was. At that point if it said handle is broken and commode will not flush and the cost to fix. That is all I would reimburse. She can threaten to take you to court. If there is another working toilet in the home you are not obligated to adhere to the 48-36 hour timeframe. I would also turn around to say that she did not have any authority to replace either toilet. There is usually legalese about the tenant attempting to repair items without owner consent. Check your city or state statutes regarding the laws because in essence that is what any judge will refer to. I would offer the repay cost to repair the toilet and that is it. You can also counter sue for her refusal to pay all of the rent and/or evict her. Good luck!