TENANT IMPROVEMENT is a MISNOMER when it is not a LANDLORD IMPROVEMENT

By
Property Manager with Gibson Management Group, Ltd.

From WikiPedia.....misnomer is a word or term that suggests a meaning that is known to be wrong. Misnomers often arise because the thing named received its name long before its true nature was known. A misnomer may also be simply a word that is used incorrectly or misleadingly.[1] "Misnomer" does not mean "misunderstanding" or "popular misconception".[1] 

 

I received an envelope from a resident that enclose a request for MY permission for her to install a 8' privacy fence to the back of her condo townhouse...she had obtained the approval signatures of the 2 neighboring residents and had scheduled an appearance in front of the HOA board for the next week...MEANWHILE, she was on vacation.

First, I'm not signing the permission as the agent and the HOA board, in all likelihood, wants the owner's authorization not mine.

When I sent her request to the owners via e-mail, I suggested some items that should be of a CONCERN to them...since the fence would be on the common area of the property, it would be subject to repair and maintenance issues caused by the yard/lawn crew and the trash service.

Additionally, the construction she was proposing was less than permanent and that once she departed, the next residents may not appreciate it....meanwhile, they would have to maintain it.

 

At my suggestion, they responded that the HOA would have to approve the installation FIRST and that she would have to MAINTAIN it and REMOVE it when she left the property.

I communicated their response to my tenant and have heard NOTHING from her since.

....just because is says TENANT IMPROVEMENT does not mean that is a LANDLORD/Property Owner improvement....names can be deceiving sometimes.

 

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  1. Lenn Harley 05/23/2013 10:38 PM
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Rainmaker
4,432,317
Gita Bantwal
RE/MAX Centre Realtors - Warwick, PA
REALTOR,ABR,CRS,SRES,GRI - Bucks County & Philadel

Good post. I got a call from a friend of mine that her tenant moved out and wants her security deposit back. The tenant made changes to the house like removing ceramic tiles and installing vinyl without permission. Tenant considers these as improvements and landlord considers that they destroyed the place.

May 23, 2013 09:56 PM #1
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Lenn Harley
Lenn Harley, Homefinders.com, MD & VA Homes and Real Estate - Leesburg, VA
Real Estate Broker - Virginia & Maryland

What a colossal waste of time.

May 23, 2013 10:00 PM #2
Rainmaker
1,239,246
Wallace S. Gibson, CPM
Gibson Management Group, Ltd. - Charlottesville, VA
LandlordWhisperer

I had a discussion yesterday along the same line - departed residents REpainted several rooms POORLY

May 23, 2013 10:00 PM #3
Rainmaker
1,953,336
Andrew Mooers | 207.532.6573
MOOERS REALTY - Houlton, ME
Northern Maine Real Estate-Aroostook County Broker

Like it when the tenant adds something they want that they think should come off the rent without discussion. And when it adds zip to the value, repair, condition of the place and is only a personal pleasure. The landlords away from area get hit the hardest with out of sight out of mine and the tenant begins to think they own the place..possession nine tenths of the law thinking...

May 23, 2013 10:03 PM #4
Rainmaker
1,239,246
Wallace S. Gibson, CPM
Gibson Management Group, Ltd. - Charlottesville, VA
LandlordWhisperer

She has been a homeowner in the past so she thinks that EVERYTHING that she would suggest would be of value to another resident...not when it has to be maintained

May 23, 2013 10:11 PM #5
Rainer
205,520
Mark Delgado
houses for rent, Solano County & Glen Cove - Benicia, CA
Benicia and Vallejo, Property Management, rental h
What a great topic. I don't recall facing this topic ourselves recently on any properties we manage in the realm of an HOA. I wonder why the approval couldn't be qualified that the tenant would vibe responsible to return the situation to the conduction it was at move-in, meaning no fence.
May 24, 2013 02:40 PM #6
Rainer
1,756,848
Conrad Allen
Re/Max Professional Associates - Webster, MA
Webster, Ma, Realtor

Hi Wallace.  There is no law against stupidity.

May 24, 2013 08:49 PM #7
Rainmaker
1,239,246
Wallace S. Gibson, CPM
Gibson Management Group, Ltd. - Charlottesville, VA
LandlordWhisperer

The days of THE TENANT KNOWS BEST are OVER.....homeowners turned tenants need a REeducation course

May 25, 2013 01:04 AM #8
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Harry F. D'Elia
RentVest - Phoenix, AZ
Investor , Mentor, GRI, Radio, CIPS, REOs, ABR

The move out inspection is very important. Tenants do not leave the unit as they received it many times.

May 25, 2013 06:09 AM #9
Rainmaker
1,239,246
Wallace S. Gibson, CPM
Gibson Management Group, Ltd. - Charlottesville, VA
LandlordWhisperer

One of the reasons I think I have success with move-out condition is that 1) I have a 20% markup for cleaning I have to do that the departing residents do NOT do; 2) I have a move-out inspection check-list in my resident handbook that accompanies my lease; and 3) I am not afraid to go to court

May 25, 2013 07:20 AM #10
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