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Do Not Allow Tenants To Do Repairs At Your Property

By Robert Machado

Property Manager with HomePointe Property Management, CRMC 00691121

May 16, 2008 06:34 PM

Do not allow tenants to perform repairs and all requests for repairs should be in writing. Your lease should prohibit the resident from performing repairs on the property. The resident is not likely to be a repair expert, so you will probably be disappointed in their workmanship. Even if they can do the repair, what if they fall off a ladder or electrocute themselves? Can you afford a lengthy legal battle involving time and expense over a repair item? Second, you should state that all repair requests be in writing This will give you a written record of all requests for your records, a good defense in the case of lawsuit.

The one exception to this rule is yard care. It is one chore that has not hit the lawsuit circuit.

Email is an excellent vehicle to make repair requests and to respond as to the action being taken.

www.HomePointe.com

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Kevin O'Shea

Coldwell Banker - White Plains, NY

White Plains, NY Real Estate

Good post, brings up some things I never thought about.

All the best

May 16, 2008 07:00 PM

Andy Laughlin

ConnectRealty.com - Bellingham, WA

Hey thank you for sharing....Good Point! Have a great weekend.

May 16, 2008 08:16 PM

Denise OnullDell

Santa Clarita Mobile Notary - Santa Clarita, CA

Mobile Notary Public/Real Estate Agent

Excellent tip! It makes sense to me...being a landlord and property manager. I will have to read up on some of your other posts which look interesting. Thanks and have a great weekend!

May 16, 2008 10:26 PM

Leslie Prest

Leslie Prest, Prest Realty, Sales and Rentals in Payson, AZ - Payson, AZ

Owner, Assoc. Broker, Prest Realty, Payson,

Worst case scenario- We manage some condos in Payson, AZ- several other Owners also rent out units there. A renter (not ours) hired some handyman to install a ceiling fan and the police think that it shorted and started a smoldering fire in the ceiling. Eventually the carbon monoxide build up KILLED HER.
WE don't let tenants do work OR hire someone themselves to do work.

May 18, 2008 08:39 AM

Robert Machado

HomePointe Property Management, CRMC - Sacramento, CA

CPM MPM - Property Manager and Property Management

Leslie, Thanks for your example of how bad things can go. We all know that bad things happen, we just need to protect ourselves by doing things as correctly and professionally as we can.

May 18, 2008 09:00 AM

Denise OnullDell

Santa Clarita Mobile Notary - Santa Clarita, CA

Mobile Notary Public/Real Estate Agent

I hope I never have to a "worst case scenario" such as the one I just read above. That is so terrible. I have used American Home Shield for 7 years and pay a yearly premium which isn't too bad. If I need repairs done, I call AHS and they send a handyman out usually within the next day or two. I have to pay a small fee per service call. It's been well worth it.

May 18, 2008 09:24 PM

JoEllen Stranger-Thorsen

Eustis, FL

Lake County, FL

Good advice -- although as a previous tenant I'm glad my landord didn't follow it. I reduced my rent by $100 a month in exchange for doing repairs and remodeling over a period of two years.

May 20, 2008 01:46 AM

Greg Taylor

Greg Taylor and Associates, PLLC - Murray, KY

Murray Kentucky, Real Estate Attorney and Investor

I agreee completely, you don't want your tenants doing repairs. If they were expert handypersons, they would have a good job and not be renting from you. Just my opinion.

May 20, 2008 03:07 AM

Randall Schrader

Competitive Insurance of Dundee - Dundee, FL

Great post, I'm a newish landlord and have always handled things, but I'm getting to the end of my rope. I guess I'll hang in there.

May 20, 2008 04:19 AM

Denise OnullDell

Santa Clarita Mobile Notary - Santa Clarita, CA

Mobile Notary Public/Real Estate Agent

Greg ~ While you are entitled to your opinion, I do not completely agree with your statement that if tenants "had a good job," they would not be renting. That is not always the case. I was a renter and a good tenant for many years and never late on my rent. I was a single parent and fortunately had a great paying job as a Legal Secretary before buying my first home. Now I'm a Realtor and have a very successful mobile notary business. I've been a landlord for almost 10 years and have had my share of ups and downs (mostly "ups" thank God). I know from experience there are "bad apples" in every barrel, but there are some good ones too.

May 20, 2008 05:44 AM

Ethan Dozeman

Realty Executives Platinum Group - Grand Rapids, MI

Real Estate in Grand Rapids

Don't ever let your college student renter's pick their own colors. I had one group of girls paint like a pink. I will just repaint when they move out...

May 21, 2008 03:51 AM

Robert Machado

HomePointe Property Management, CRMC - Sacramento, CA

CPM MPM - Property Manager and Property Management

You would probably have to paint anyway, at least they did not choose black!

May 21, 2008 06:17 PM

David Saks

Memphis, TN

Broker / Industry Analyst

Waiver of lessor liability is a prudent option prior to allowing tenant attempted repairs, in addition to insuring that the tenant assumes the liability for any personal injuries or damages to the property, and with the condition that the repair meets the approval of the lessor, code enforcement, owner, HOA, etc. A qualified and experienced property manager is also a benefit to circumvent this issue.

May 21, 2008 06:30 PM

Todd Clark - Retired

eXp Realty LLC - Tigard, OR

Principle Broker Oregon

Sounds like very wise advice, I do a lot of lease options and I usually write into the contract that they have to do the repairs, since they are buying the house. I also have some where it is a deal where a contractor buys a fixer house on lease option and fixes it up while leasing it and then sells it for a profit at the end of the lease. (Great for properties that are such fixers that they can't get bank financing)

May 23, 2008 05:15 PM

Terry Kuehn

Family Real Estate Services, Inc. - Tacoma, WA

Self-Directed Roth IRA Associate

And then there was the case of a Seattle lady who didn't like some of the bids she was getting for a fireplace repair job and hired the tenant to do the work. Seems that the tenant fell off his own scaffolding and died from the fall. Guess what...? Lady landloard had to settle up with the dead man's widow and estate. Plus others.

LICENCED CONTRACTORS is the name of the game when it comes to ANY construction-type work or take your chances with karma.

May 24, 2008 01:40 PM

Robert Machado

HomePointe Property Management, CRMC - Sacramento, CA

CPM MPM - Property Manager and Property Management

Terry, That story is a good example of what not to do. Hiring contractors is the safe route and verify that they have a contractors license and that they are insured.

May 24, 2008 01:51 PM

Terry Kuehn

Family Real Estate Services, Inc. - Tacoma, WA

Self-Directed Roth IRA Associate

Robert, here in Washington, the Washington State Department of Labor and Industries is the agency designated to monitor construction activity within the state. Here in Washington, state law requires that all construction work be done by licensed firms or individuals. Prior to becoming licensed, the firm or individual must produce a certificate of insurance in addition to providing an ORIGINAL bond in an amount set by the state: specialty contractor, $6,000; general contractor, $12,000. Certificates of insurance range anywhere from $250,000 to $2,000,000. And then there are the typical "independent contractor" razmatazs that must be identified with. Should you decide that you want Sammy Smith No-Contractor to do some work for you and ANYTHING goes wrong, BAM!, you are just about whale crap and the State will begin making things go wrong for you. Independent Contractor status, here in Washington, is also governed by license law -- in addition to the Internal Revenue rulings relating to who is and who is not an 'employee.'

It's all good, though, believe me. It HELPS keep our citizenry protected better than where these laws do not exist.

I could talk for an hour on this subject, but you pretty well hit things on the head: "Do not allow tenants [or any unlicensed firm or individual] to perform repairs at your property."

May 24, 2008 06:35 PM

Robert Machado

HomePointe Property Management, CRMC - Sacramento, CA

CPM MPM - Property Manager and Property Management

We have similar laws in California. There are still lots of unlicened contractors working and owners who hire them to save money. Good luck to them when things go wrong, they will need it.

May 25, 2008 06:30 AM