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Our roof needs to be replaced. The tenants have known about this for at least a few weeks. We reminded them today that it would start tomorrow and now they are saying that they will not allow it and will send the roofer away if they come. She claims she is on doctor prescribed bed rest (bad back is usually what she uses as the reason) and that she just cannot have anyone interrupting her rest. Our roofer (a friend of the family) was doing us a favor by squeezing us in between jobs and we really need to get this done before the spring storms start hitting (Nashville TN area).
What rights do we have as the owner? This is for a house that we had to rent out of necessity from a relocation. We are one of the many "forced" landlords out there...
I can't speak to the legality of the matter, not being a lawyer and all. I can definitely see the tenant being upset -- who wants to live through a roof replacement? However, repairs happen. Roofs leak, water heaters burst, stoves get recalled, water mains fail, and things need to get fixed. It's unfortunate that she's on bed rest, it's unfortunate that your roof leaks, and it's unfortunate that the storm season is a few days or weeks away. But it would be even worse if the roof didn't get repaired and your tenant wound up getting soaked -- to say nothing of the structural damage a leaky roof can cause.
It sounds to me like this is nothing more than an unfortunate set of circumstances. I don't blame her for being upset, but I also don't see what else you can do. I also don't think she has a valid complaint. The repairs must be made, and repairs are rarely convenient.
Let me put it this way. I live on the top floor of a hirise. If my roof leaked, I would be annoyed and lightly inconvenienced by the few days it would take someone to repair it. But I would be furious if the landlord refused to do anything about it. And if I was the one needing bed rest, I would have a hard time going before a judge and explaining why I didn't get a room at a motel for the day.
Maybe if she only got a day's worth of notice, it would be different. Or perhaps if she was confined to the bed (and not simply ordered to rest), I could see trying to work with her a little more. But assuming everything is as you presented it, it sounds like nothing more than an unfortunate set of circumstances.
Again, I am not a lawyer. There could be a statute in your locality requiring special consideration for tenants under the care of a doctor. It's worth Googling your local landlord / tenant laws, or paying for a lawyer to research the issue for you.
Our roof needs to be replaced. The tenants have known about this for at least a few weeks. We reminded them today that it would start tomorrow and now they are saying that they will not allow it and will send the roofer away if they come. She claims she is on doctor prescribed bed rest (bad back is usually what she uses as the reason) and that she just cannot have anyone interrupting her rest. Our roofer (a friend of the family) was doing us a favor by squeezing us in between jobs and we really need to get this done before the spring storms start hitting (Nashville TN area).
What rights do we have as the owner? This is for a house that we had to rent out of necessity from a relocation. We are one of the many "forced" landlords out there...
Thanks so much!
Jackie
Give the tenant written notice by certified mail just to cover your rear. Explain that the repairs will be done during normal daylight hours and proceed as scheduled. We're talking common sense here. The roof has to be replaced and the tenant has no reasonable expectation that the repairs will be delayed simply because he/she doesn't want to be disturbed during the day when the average person is not expected to be in bed asleep. If you were trying to repair the roof at 11 oclock at night she'd have a legit complaint.
How long is this repair supposed to take? You could offer to credit them ever how many days rent that the repair lasts and they are welcome to get a hotel room for the duration.
Replacing an entire roof is a bit over the top of what most tenants expect to have to live with but if you credit them the rent for those days to help assuage their inconvenience they might simmer down. I'm not sure this would fall under the "uninhabitable" category but it could be close.
Replacing a roof can be a matter of a few days or take more than 2 weeks. In the latter case this is a major loss of quality of life, especially if she is on bed rest. A rent reduction for the time might be appropriate.
I was at home during our community's roof replacement a few years ago (20 connected three-story townhomes). As long as the roofers work at reasonable hours, clean up all of the nails and keep it rather organized, I don't see the problem. It wasn't intrusive at all. I'd be pretty ticked off if my tenants told me that.
The fact that they won't let you and it needs to be done and you're not local to the house makes me think something is up. Can someone go over and check on the house for you?
Also, it shouldn't take more than a few days to reroof a house, assuming the weather is cooperating. Our community replacement took just over a week.
Location: When you take flak it means you are on target
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You should have given them reasonable notice. 20-30 days would be considered reasonable. You should follow up with reminders.
You need to remind the tenant that you are not asking her permission - you are INFORMING her the work is going to proceed and that if she prevents it she can expect to be evicted immediately so that you may proceed with protecting your structure.
The Landlord is in charge, the Tenant is not.
Roof repair will not usually leave the interior of a property uninhabitable. If the tenant truly has a medical condition I would probably offer to pay for a motel where she could spend her day time hours for a couple of days. There is no reason they can't sleep at home.
Be ready for her to complain about all kinds of damage to her property inside from dust, etc.
Besides, bed rest doesn't mean she has to SLEEP all that time. If she is bed ridden HOW is she going to send them away? LOL
Like others have stated, as long as it being done during the day and they clean up ~~ what's the problem. you have already given them notice ~~ SO ~~ proceed. YOU are the LL ~~ you are protecting your property.
Exactly what I was going to say, 'bed rest' for a back issue does not = sleep all day. I had a roof replaced and, yeah, it's loud and annoying. So what? It needed to be done. And I can't imagine it taking more than a day or two at the most unless you have a huge roof, really slow workers, or there is significant damage under the roof that needs to be repaired. I had no idea a tenant could refuse to let something like a new roof be done. Situations like this make me rethink becoming a LL....
You need to remind the tenant that you are not asking her permission - you are INFORMING her the work is going to proceed and that if she prevents it she can expect to be evicted immediately so that you may proceed with protecting your structure.
I just wanted to quote this for truth. Its not like they have to go inside the property to do any work.
Kindly and politely tell her to ****, to stay in bed, turn up the TV, and be glad you are the type of landlord who does repairs before water leaks into her house during a rain-storm.
I would also reconsider a lease renewal for this person.
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