How should I handle repair done by tenant

Question

I received a text message this morning from my tenant saying that over the weekend he replaced the kitchen faucet. On one side it is nice he is taking care, BUT  I am worried about falling into a game of repairs and maybe rent deductions all the time. How should I handle it?

Jim K. · Answer

@Juan Del Arco

Hi, Juan, if it was me, this is what I would do. I am a local handyman investor living less than 20 minutes away from all my properties. Tomorrow if the tenant approves it or the next day, I would go down there and inspect the replacement faucet. I handle all faucet replacements and installations myself normally. IF the faucet replacement is up to snuff, I would give him a deduction for double the cost of the faucet and specifically tell him NEVER TO REPLACE ANYTHING AGAIN. If you don't have a "landlord is responsible for all sanitary fittings repairs" clause in your lease then your lease is significantly lacking.

Now, if you are NOT a handyman investor and have no interest in learning this kind of work, I would go down there and have a handyman meet you and the tenant there to inspect the repair. Again, I would pay the tenant for double the cost of the faucet and instruct him again NEVER TO REPLACE ANYTHING AGAIN.  I would also pay the handyman for his time. If you do not have a regular handyman lined up for this sort of thing you're behind the eight ball already and you need to fill this gap on your team as soon as possible.

The problem isn't the replacement. Replacing a faucet correctly is easy. The problem is the game of repairs, and the fact that whatever your tenant changes, ultimate responsibility and therefore liability for any repair's failure lies with YOU. So spend the money upfront to pay the tenant for this replacement. It says more loudly and clearly than anything you could do that you understand and appreciate the fact that the tenant was trying to do right by you and your property. But you also have to state very clearly that you don't want him fixing your house. Sooner or later, allowing your tenant to do things like this goes bad and leads to you losing lots of money.

Matthew Paul · Answer

Tell him thanks , and when the tenant asks for payment , ask for the reciept for the faucet and tell them to contact you first if something is broken . if they ask for $$$ for labor , say no

Michael Badin · Answer

Do you have a clause in your lease addressing this?  If you do not and he asks for reimbursement you should do so.  (After having it inspected to make sure everything was done correctly.)  Have him give you a receipt and only reimburse him his cost.  If you give him double his cost like some others have suggested but then tell him to never do it again, it will happen again because he made a profit off of it this time.

If you have a clause in your lease which addresses it and he asks for reimbursement, refer him to the lease and politely decline.

I have a clause in my current lease but will be replacing it with this in my new leases:

13.  Tenant’s Maintenance and Care of the Premises.

(A)   In addition to the duties imposed upon Tenant by this or other provisions of this Lease, Tenant shall at all times maintain the Premises in good condition and in reasonably clean and safe manner. In addition, Tenant shall not knowingly, intentionally, deliberately, or negligently destroy, deface, damage, impair, or remove any part of the Premises or knowingly permit any person within Tenant’s control to do so. Tenant shall use felt pads, rugs or similar scratch prevention materials under all furniture items or other items placed upon any hard surface flooring in the Premises. Bathmats or rugs shall be used on the floors in all bathrooms in the Premises to help prevent standing water on such floors. Tenant shall not place any additional locks on the Premises, including, but not limited to, exterior and interior doors. Landlord shall provide a key to the Tenant for the Premises and Landlord shall keep a duplicate key for access. Tenant shall not cause any of the locks or cylinders in the locks to be changed or re-keyed in any manner. Tenant must keep the Premises free and clear of all debris, garbage and rubbish.

(B)   Except as may otherwise be permitted by applicable law, Tenant shall not perform or contract with third parties to perform any repairs of any kind on the Premises without the prior written consent of Landlord. If any repair which is the responsibility of either Tenant or Landlord becomes necessary, Tenant shall notify Landlord, in writing, as soon as possible and allow reasonable time for the work to be completed. Any unauthorized work performed or contracted for by Tenant will be at Tenant’s sole expense and no deductions or offsets in Rent or Additional Rent will be permitted.

(C)   Tenant shall not make any additions, improvements, or alterations to the Premises unless prior written consent is given by Landlord, which may be given or withheld in Landlord’s sole and absolute discretion. Any additions, improvements, or alterations made by Tenant must be completed in compliance with all local, state, and federal laws. As used herein “additions, improvements, or alterations” includes, without limitation, lock changes, painting, replacing fixtures, installing wallpaper, attaching shelves, installing curtains or shades, or other permanent or semi-permanent changes to the Premises. Additionally, no trampolines, pools, satellite dishes, TV antennas, air conditioners, spas, swing sets, or other similar features shall be added to the Premises by Tenant unless express written permission is given by Landlord, which permission may be granted or withheld in Landlord’s sole and absolute discretion.  Any additions, improvements, or alterations to the Premises made by the tenant of a permanent or semi-permanent basis become the property of the Landlord. The tenant cannot remove additions, improvements, or alterations made to the premises (even if the Landlords permission to install said additions, improvements, or alterations was not obtained) and the landlord does not have to pay for any additions, improvements, or alterations made by the tenant.

(D)   Tenant shall be responsible for all costs related to any repair or maintenance of any plumbing stoppage or slow-down caused by Tenant, whether accidental or purposeful. Tenant agrees not to place into any drain lines of the Premises any non-approved substances, such as cooking grease,sanitary napkins, diapers, children’s toys or other similar object that may cause a stoppage. Tenant shall notify Landlord of any plumbing leak or slow drainage within twenty-four(24)hours. Landlord shall use reasonable efforts to remedy the plumbing problem. Tenant shall only use a plunger to attempt to fix a slow or stopped drain, and shall not pour chemical or other drain cleaners into any stopped or slow drains.  Tenant shall also be responsible for any plumbing system freeze-ups occasioned by Tenant’s negligence.

Peter M. · Answer

I wouldn't pay him back for this. My lease(and most leases) specifically prohibit tenants doing repairs. Explain this to him, show him the lease clause, say thank you and don't do it again.

Anthony Wick · Answer

You definitely need to go inspect the work and make sure there is not any water damage or leakage. Then yes, explain to them that you do not want them doing any repairs. Also explain that any upgrades they pay for become a part of the property and you own them (this should be in your lease). Don't be surprised if they take the faucet with them when they leave.

Thomas S. · Answer

I would reimburse him for the ecost and ask that he not do any repairs in th efuture. It is not a tennats property and they have no right to be working on or repairing anything without permission.

It was nice of your tenant to take on the responsibility however they overstepped their rights. Next time their actions could result in property damage.

Chris Szepessy · Answer

Did he ask for reimbursement? I just had this happen yesterday with one of my tenants. He text and said his faucet broke so he went and got a new one and replaced it. He's an excellent tenant and he didn't ask for reimbursement, but I offered it because he saved me the 1-2 hours of having to go buy one and install it. I'm not paying him for labor, just the part. The faucet he got was more expensive than one I would've gotten, but like I said, he saved me the time and that's more important to me. I would thank him for doing it, but just let him know that from now on he should notify you before he replaces anything.

Sam Shueh · Answer

Showing before and after with photos and receipts. Always write him a check not through rent reduction so there is a traceability.

You should have inspected all the rooms and know the condition. Never delay your maintenance until they break down.

How should I handle repair done by tenant

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