Repairs in a Townhome - Mandatory?

Question

Hi All!

New to bigger pockets, just learned of it recently and seems just in time for a question. I bought my first property in DC in 2017 with plans that got disrupted by a cross country move. I decided to rent it out and the 3bd 2 ba property has been renting to 2 couples and 1 single for some months now.

Now my question, I've found the tenants have quite the habit of breaking minor items and appliances in the house to my dismay but I've had the property managers dutifully process each work order. Most recently, we're at a disagreement. The upstairs fan is broken and after such a laundry list of repairs, I at least want to wait until spring to repair (as DC is currently 30 degrees) but I'm being told they're threatening to call the city. Has anyone been through something similar? What are my rights/obligations in a scenario like this?

Appreciate any input!

Shadonna N. · Answer

Hi @Fadzai V. read your lease carefully as far as what you offer.   I have had a tenant file a complaint with DCRA and not only did they flag the issue the tenant identified they found way more.  If I were you, I would take every repair as an opportunity to "dummy proof" the house.  Replace the fan with a regular dome light.  If the dishwasher breaks, remove it.  If the washer/dryer breaks remove it.  Put carpet in the floors.  You are not required to provided a fan or air conditioning but if the fan is broke, DCRA will flag it and you will be required to fix it.  Don't get caught up with whose responsibility the repair falls under, DCRA does not care.  It is a rental, if they are not responsible to take care of the item remove the item and provide the required minimum.

Shadonna N. · Answer

Happy to help.  Let me know if you need anything.  Just make sure you have everything documented.  The tenant threat shows you what they can do.  Stay in front of that.  There is a shortage in affordable housing, you will not have a problem with finding a tenant.  Don't get caught up on the little stuff, keep your eye on the long term goal.

Fadzai V. · Answer

I do have my business license with the DCRA so am compliant. I’ve had someone come to look at the washer and they said it’s just being overloaded. I’ll make sure to document about the back fence.

Honestly, you’ve been a huge help with simple things that never crossed my mind! Thank you so much.

Shadonna N. · Answer

The fact you are not in an LLC or section 8 means there is no rent control and you can raise the rent.  So when the lease is over you can increase the rent, go high.  When is the lease over?  What does full capacity mean?  Spend $50 and have someone service the washer/dryer.  That way you have documentation that you make an attempt to address the tenant issue.  Once the lease to over, talk to the property management about removing the washer/dryer and lower the rent by $15 (but you have already raised the rent).  That shows you are compromising.  It is also a big enough inconvenience.  If the lease is too far out, remove it now and lower the rent.  Regarding the issue with the neighbor make sure you have documentation that shows that you are working on the issue and trying to resolve the issue the neighbor has caused.  How is the property licensed?  You want to make you are fully compliant.

Fadzai V. · Answer

@Shadonna N. well my lease doesn't have any specific mention of the fans, and it wasn't mentioned in the listing (but appeared in photos).

It's not under a LLC and not section 8. They are also complaining they don't think the washer is living to "it's fully capacity", and most recently complained of an addition to my neighbors fencing that has caused pooling water near the entrance to my fence/parking pad when it rains.

Shadonna N. · Answer

@Fadzai V. that is why you need to check your lease carefully and the description of how the property was advertised.  If you advertised ceiling fans, I would replace.  I am not aware that you would be forced to replace an amenity that was not advertised.  What is the worse that would happen, they hold back rent and you evict.  I can see an argument for something like a washer/dryer but not a ceiling fan.  If they are threatening to call the city, they are not willing to work with you.  Take care of all repairs now.  You are required to provide heat so the property remains above a certain degree (can't remember - maybe 68), window and doors that operate, no cracks, holes, and safe mechanicals.

You do know that in DC a tenant does not have to renew the lease and can just go month to month.  Is your property under an LLC?  Is the tenant section 8?  What other items are they complaining about?

Fadzai V. · Answer

@Aaron K. Excellent point about the pricepoint - in part my hope is to communicate that they should take care with items in the house and theoretically I'd like them to opt out of renewing their lease at the end so I can do some work and start fresh.

@Shadonna N. that also makes sense! My understand was like had to be replaced with like, is that not the case? I actually like the idea of swapping out the fixture.

Aaron K. · Answer

It was in there when you rented it it needs to be fixed, I'm almost sure DC has some tenant friendly laws, it is possible they could pay for the repair and deduct it from the rent.  I believe this is only technically legal here for habitability issues but you could have to fight to get it back.  Plus it is a fan, it shouldn't be more than $100-$200 even if you had to replace the entire thing.