Tenant seeking compensation for an injury in her apartment

[Ryan Judah]

Hey BP Community - 

I prayed this day would never come, but I knew it probably would if I continued to grow my portfolio. This post is to get as much guidance on the next steps as possible so I am prepared to protect, defend, and win. 

So here is a brief overview of the situation: 

- Our property manager signed a lease 3/22/22

- On 9/2 the tenants rent was late, no communication from the tenant as to why. This was the first time she has paid late.

- On 9/12 we were notified by our landlord that the tenant put in a work order (9/5) to notify us she fell and broker her cheek bone and leg on the transition strip in her unit. Our PM immediately (on 9/5) dispatched maintenance to assess any needed repair but couldn't reach the tenant because she was supposedly in the hospital.

- On 9/12 our PM was able to speak with the tenant and she shared photos of the transition that needs repair. Our PM communicated to her that they would schedule it ASAP. She then communicated that she will be unable to make her rent payment as she is waiting for state funded assistance due to an inability to work.

I will mention we have a very detailed move in report with descriptions of the flooring condition (new) as well as photos. Prior to the incident that happened on 9/5, we have not received a work order from the tenant related to the floors once.

Looking for your guidance here BP community on the next steps we should be taking. Thank you in advance for any and all thoughts, guidance, advice you can offer!

[Greg M.]

Does her car lender care that she is unable to work or do they want payment when it is do?

Does her cell phone carrier care that she is unable to work or do they want payment when it is do? 

Do her credit card companies care that she is unable to work or do they want payment when it is do?

The same is true for the rent. To not have any money since they are not working is either a lie or they have lived life mismanaging their finances with no savings and that is not your problem. 

Just because she injured herself in your unit does NOT necessarily make you liable. The transition strip didn't seem to be an issue with prior tenants, she didn't bring it up upon inspection or the 6 months she has been living there, and you/the PM never noticed an issue. Sounds like no one other than her is to blame for the injury. Accidents happen and there isn't necessarily a boogieman. 

Assess the transition. Don't be quick to fix/adjust it as that can indicate liability on your part. Document it with pictures. Use a level and/or ruler to measure any variances in the pictures. 

If she mentions suing, compensation, or a lawyer, just let her know that your insurance company will handle everything and cut off ALL talks with her about the situation.  Your title says she is looking for compensation, but nothing mentions it in the post. 

Feel free to no assess late fees ad give her a little extra time to pay the rent. You'll want to be seen as caring if it gets to court. However, don't be a ***** and let her run over you.