Landlord's Responsibility or Tenant's?

Question

BP,

I just started a new lease with a new tenant on a SFH that we've owned for a number of years.  I received a call from her tonight, the first day of her lease, stating that I had done her a HUGE disservice by not letting her know that the water heater and furnace required natural gas, not solely electric for the house, and that she was going to have to suffer with cold water until she could get it turned on.  No doubt, I am not discounting the fact that cold water sucks and that it is a huge inconvenience, but she is stating that this is completely my fault.  She states that I should have let her know ahead of time and that it was my responsibility to let her know that there were gas powered appliances.

We have multiple homes in the same neighborhood and have never run into this issue before with tenants.  Am I in the wrong here, figuring that it her responsibility to figure out which utilities she will need?  Every house I've owned or rented in my lifetime, I've always figured that this was my responsibility.  Any insight would be appreciated.

Josh

Christopher Reeder · Answer

@Josh Darley

If utilities are stated in the lease to be the responsibility of the tenant, hold firm and let her know her responsibilities.

2 tips, if you aren’t already doing them.

1. I specifically stated which utilities the property has in my lease and who is the financial party responsible for them.

2. I have a 1 page welcome letter I provide to each tenant upon move-in which covers some basic items. One of which is the utility providers, their contact information and landlord/tenant responsible party.

Though your other properties have not had this experience previously, one of these solutions could help you in the future avoid an unnecessary inconvenience.

Chris

Nathan Gesner · Answer

@Josh Darley the utilities are her responsibility, but you can't expect everyone to know what utilities are required or who the utility providers are. In my area, we have four different providers for electricity, so it varies based on where one lives.

I recommend giving them move-in instructions that include how to set up utilities, trash pickup days, mailbox options, and other things every tenant will need. This ensures they understand their responsibility and have plenty of time to set things up before moving in. It can also be included in the lease agreement.

Scott M. · Answer

I disagree with the vast majority of posters here and lay this squarely on your shoulders @Josh Darley

If you are responsible for utilities then you should have had them on.

If tenant is responsible for utilities then you need to do 2 things.  1.  Tell them what they are responsible for and most importantly 2) Get confirmation that all utilities are in their name before allowing them to move in and collect keys.  After a tenant moves in is no the time to do this, prior to is.  You should have gotten a confirmation number or letter regarding each, and if not, you can ask "Hey, what about Gas?"  And she would say I didn't know I needed gas and then go handle it.

That said, I agree more communication was needed.  The tenant not knowing or claiming to not know about gas seems silly but you should change your process to better cross off this important step prior to turning over keys next time.

Dor Sagi · Answer

I'm a real estate agent in Brooklyn, NY, and I rent units for landlords. The property management companies that work for our landlords always provide a "Welcome letter" after the lease is signed and move-in costs are paid. The Welcome letter states-general info about how to pay rent, contact info of the management, super, etc. It also states that the tenants should set up their utility accounts ahead of moving in - the name of the relevant utility company and phone number is provided. Same with the local internet providers, etc. Might be a good idea to give this info to your future tenants on a "silver platter" just to avoid confusion in the future.

Josh Darley · Answer

Thanks to all for your input.  I can see through the variety of responses that it can be looked at both ways, but in the end it's just a lesson learned on both our parts.  Even though I am of the belief that this is the tenant's responsibility, I will develop a welcome letter to be given to each tenant when the lease is signed in order to prevent this from happening again.

Ryan Garrison · Answer

Did she see the unit before she signed the lease? Did she do a walk-through?

Even if she hadn't, I would never worry about it.

I think you did everything you needed to do. Do you have an early termination fee on your lease? Whether you do or you don't, offer to let her out of the lease. She probably won't take it, but if she really hates it that much you might be dodging a high-maintenance tenant.

Tom Dieringer · Answer

Sounds like early signs of a professional complainer/blamer.  While you have to be willing to listen and admit your own faults, you also have to be willing to stand firm upfront otherwise this type of person will walk all over you.  I agree with @Ryan Garrison She's an adult, she should have noticed on walk through or simply asked.

The old "I'm blaming you for not telling me what I failed to determine myself", particularly for an easy to remedy, short term issue is a bad sign that she will try to bully you later on. Definitely politely stand firm, don't take the blame but just focus on the solution, and if she doesn't get it after your initial response, offer her early release option (hopefully with with a fee) and let her decide if she want to pay or play.

I had to do this with a recent renter who had a proxy of their choice view my property and then complained of trivial issues (a door being a little too tight, loose thermostat cover, etc) upon taking possession.  I stood firm, reminded them that their chosen proxy was allowed as much time to view the property as needed, then told them if they were truly disappointed they could pay the early termination fee.  They've been quiet and sugary sweet since  :) Good luck.

Theresa Harris · Answer

She should have asked if she wasn't sure what utilities to get connected/transferred to her name.  My guess is she's never lived in a place with gas and didn't think to connect them and now she's simply mad that they were disconnected.  I also find it odd that they were turned off.  Companies usually keep them running for a bit and just back date the bill to when people moved in.

Matt M. · Answer

@Josh Darley

I don’t know where you are, but here in Pa it’s been 8-20 degrees. Did you not have gas turned on to heat the place prior to her moving in?

I say this is on you, for not letting her know what utilities are what and that she’d need to call for service a few days prior to move in so she had heat and hot water. Not to mention it’s obvious you didn’t ask for proof of utilities in her name at lease signing.

Michael Noto · Answer

This is on the tenant. Time for them to become an adult. Just weather the storm, once she gets hot water this will all go away.

Landlord's Responsibility or Tenant's?

Most Popular Reply