Can tenant dictate repairs? (lease, renter, house, legal)
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Question - fireplace needs repaired. Tenant does not want the bother of waiting for repair man. Does not want it repaired. Up to the landlord, correct?
Plus LL can offer to wait for repair man if need be, yes?
All you have to do is give the tenant 24 hours notice of the repairman's appointment and if the tenant doesn't want to be on site for the repair then you let him in to do the work. Just my feeling but this tenant sounds like a bit of a pain so you might want to stay in the unit while the job is done so the tenant can't turn around and claim any breakage or mess ...
My friend who is also a LL sent a repair man for something - anyway she is now in a battle with her tenants that claimed the repair guy messed up their house and want her to pay for a cleaner.
We've had some tenants like this. Complain about an issue then, our vendor calls several times and they never call back or arrange to let them in. So I give them a call and say "The appliance repairman will be given a key and he's coming next Wed. afternoon". that usually results in a return call.
Question - fireplace needs repaired. Tenant does not want the bother of waiting for repair man. Does not want it repaired. Up to the landlord, correct?
Plus LL can offer to wait for repair man if need be, yes?
Verify what your state law requires to give notice to your tenant that you will be there with a repairman. Some states require more then 24 hours notice.
CA requires 24 hour advanced written notice and it must be during normal business hours.
Quote:
The landlord or the landlord's agent must give the tenant reasonable advance notice in writing before entering the unit, and can enter only during normal business hours (generally, 8 a.m. to 5 p.m. on weekdays). The notice must state the date, approximate time and purpose of entry.
You as the LL have the right to do repairs as needed to maintain functionality, safety and aesthetics of the rental. Whatever the notice you need to give in your state as far as time and way of delivery do it and then go in and repair as needed. Yes they reside there but you own it. That's not to say you can walk in as you please either.
For my tenants I just call them and let them know I need to repair such and such or they call me and say hey so and so needs repair. Then I get someone out to fix it. Hell my tenants have the plumbers number and can call direct if there is a issue and they can't reach me. I've used the same plumber for 8 years. I had never had to write a notice. I just call or now text. I've never had one tenant refuse entry. But my current tenants are good about calling if something is wrong.
I had to get some barn rafters fixed due to termite damage. Texted all the tenants on Monday that Thursday I am having some framers there painting and replacing termite damage and all the cars need to be out of garage by 8am. All I got back was ok thank you c u Thursday. No bs you're invading my space you need 24 hr written notice etc. I'll sue you you damaged etc. If I damaged something of my tenants I would replace it. By taking care of my rentals with repairs, and responding to their concerns and repair requests, I am doing my job as a LL. I am providing a service, and they are my customers. Some LL see tenants as a ATM. Treat people as you would like to be treated and I expect the same in return.
I'm posting these additional comments just to emphasize that the tenant has a right to the quiet enjoyment of their home. And a landlord has an obligation to respect that right.
Quiet Enjoyment ACovenantthat promises that the grantee or tenant of an estate in real property will be able to possess the premises in peace, without disturbance by hostile claimants.
Quiet enjoyment is a right to the undisturbed use and enjoyment of real property by a tenant or landowner. The right to quiet enjoyment is contained in covenants concerning real estate. Generally a covenant is an agreement between two parties to do or refrain from doing something.
Courts read a covenant of quiet enjoyment between the Landlord and Tenant into every rental agreement, or tenancy. Thus a renter, or tenant, has the right to quiet enjoyment of the leased premises regardless of whether the rental agreement contains such a covenant.
I have seen some threads in this forum where the tenants complained the landlord was frequently entering their rental without notice, or at time they had not agreed to and at times that were not convenient. Sometimes intentionally just to harass them. The tenant does have the right to say that is not a good time and insist that it be scheduled at a time when it is convenient to them.
I have also seen some complain that the landlord was harassing them with numerous repetitive requests for access, invading their privacy, in another because they were trying to remodel the home, getting it ready to resell when the lease ran out. Such activities are not acceptable.
Given the tenant's right to "quiet enjoyment", I would not press them to make a repair that was not necessary for the safety or habitability of the home if they objected to it being done.
Hey CptnRn
I see the fireplace repair as a safety and health issue. If the fireplace is in need of repair and say the tenant uses it starts a fire carbon monoxide or if its wood fireplace smoke fills the place out due to collapsed duct or broken duct, the duct catches fire from creosote build up its a issue. Yeah I agree with you that bothering tenants is wrong, and just because you are the LL doesn't give you the right to do that, but if I were renting and the LL said I need to fix fire place and I need entry that's fine. Now if he wanted to visit every week and just show up to check inside, constantly call or annoy me etc no I wouldn't allow that.
I have great communication with my tenants. It usually. Extends to repairs that I need to do or they ask for. When I go pet materials from my storage I text them and say I need to stop by to get bla bla. Can you give me access to the apron ( house in that area has very bad parking they move I get my stuff and I'm gone. They move back. Quick and simple.
I don't get the constant nagging of the tenant. Do you nag your customers like that? I bet you don't because if you did you wouldn't have them as customers for long
If the fireplace needs to be fixed, the owner has a right to have it fixed, even if the tenant does not want it fixed.
Unless the tenant has a terminally ill person living there (or some such situation where coming in would be a major intrusion), then I don't see the problem with getting it fixed over their objections.
Seeing as how the tenant won't\can't be there during the day, I don't see how the repairman coming in would interfere with their quiet enjoyment of their home.
Hey CptnRn
I see the fireplace repair as a safety and health issue. If the fireplace is in need of repair and say the tenant uses it starts a fire carbon monoxide or if its wood fireplace smoke fills the place out due to collapsed duct or broken duct, the duct catches fire from creosote build up its a issue. Yeah I agree with you that bothering tenants is wrong, and just because you are the LL doesn't give you the right to do that, but if I were renting and the LL said I need to fix fire place and I need entry that's fine. Now if he wanted to visit every week and just show up to check inside, constantly call or annoy me etc no I wouldn't allow that.
I have great communication with my tenants. It usually. Extends to repairs that I need to do or they ask for. When I go pet materials from my storage I text them and say I need to stop by to get bla bla. Can you give me access to the apron ( house in that area has very bad parking they move I get my stuff and I'm gone. They move back. Quick and simple.
I don't get the constant nagging of the tenant. Do you nag your customers like that? I bet you don't because if you did you wouldn't have them as customers for long
I understand, I was pretty sure you already know the business, my comments were not directed at you but at the OP, who does not seem very knowledgeable, as well as numerous other less well educated landlords who might read this thread.
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