Tenants should be required in the lease to report any damage observed in the property. For instance, if sheet vinyl flooring becomes wet from the underside, it generally turns gray. That gray floor is a sign of water damage that could become much worse if left unattended during the course of their tenancy. If a tenant fails to report damage when it occurs, they should be responsible for the further damage that could have been prevented, be sure your lease gives you this ability but more importantly, make sure the tenant understands the responsibility when they sign the lease. They live in the house every day, so they are in the best position to alert you to problems while they are small.
Lizette Realty - Richmond KY - Lexington, KY
Lizette Realty, Lexington KY MLS - Kentucky Homes
Good idea. It's amazing that tenants walk right by damage and never tell the landlord.
Oct 12, 2010 02:39 PM
NEPTUNE REALTY - Virginia Beach, VA
"RealtorDrick" - Experienced Representation
Lizette, so true. But by making them aware of their responsibility, they are at least more likely to open their mouth. Thanks for the comment.
Oct 12, 2010 02:47 PM
Integrity Real Estate Services 116 SE AVE N, Idabel, OK 74745 - Idabel, OK
BS Ed, Integrity Real Estate Services -IDABEL OK
Drick,
I've not seen this as part of a lease but sounds like it should be a part of every lease.
Oct 13, 2010 02:08 PM
NEPTUNE REALTY - Virginia Beach, VA
"RealtorDrick" - Experienced Representation
I certainly think it should, because I want to protect the owner who is my client. I prefer to have teeth that I think (and certainly hope) will never be used than to not have the teeth and wish I did (or my owner wish I did). Thanks for the comment, glad you agree.
Oct 13, 2010 04:58 PM
Top Tier Properties - Richmond, VA
Richmond, Virginia Homes, Real Estate & Property Management
Absolutely, Drick. This is something that should be addressed in every Virginia lease, especially leases used by licensees. It is the tenant's duty to report any such issue and our duty to exercise ordinary case, making certain any tenant knows it is their responsibility to report any issue before it gets worse.
Per your example.... This is straight from the Code of Virginia § 55-248.16.
"Tenant to maintain dwelling unit:
10. Use reasonable efforts to maintain the dwelling unit and any other part of the premises that he occupies in such a condition as to prevent accumulation of moisture and the growth of mold, and to promptly notify the landlord of any moisture accumulation that occurs or of any visible evidence of mold discovered by the tenant;"
I know the "m" word has been flying around for several years now, but this section of the code touches on the fact that a tenant must "promptly notify the landlord of any moisture accumulation...." Having the appropriate language in the lease, in addition to conducting a thorough move-in inspection/report puts the onus on the tenants, where it should be, especially in the case of your example. At that point cannot avoid the fact that they were negligent if they did not promptly report the problem and it became worse.
Thanks for the post!
Phil
Dec 03, 2010 10:18 AM
NEPTUNE REALTY - Virginia Beach, VA
"RealtorDrick" - Experienced Representation
Phil, unfortunately some owners (and even some agents) don't know what's contained in the VRLTA or if it even pertains to their rental arrangement. Hopefully the tips I share will help everyone do a better job. Thanks for the comment.
Dec 04, 2010 04:22 AM
Rainmaker
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Drick Ward Property Management / Broker Assoc
"RealtorDrick" - Experienced Representation
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