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Updated about 5 years ago on . Most recent reply

User Stats

16
Posts
7
Votes
Kasay Mardis
  • Rental Property Investor
  • Windber, PA
7
Votes |
16
Posts

Tenant wants me to waterproof a basement in PA that doesn't flood

Kasay Mardis
  • Rental Property Investor
  • Windber, PA
Posted

Good Afternoon,

    I have a quick question about the law requirements or type of responsibility we have as a landlord.  A tenant of ours wanted their stairs replaced, because the riser had fallen off.  Even though it didn't affect the integrity of the stairs we agreed, but finding a contractor in the winter was tough.  This made her angry and now she wants us to water proof her basement because a very small amount of water passes to the drain during heavy rains and snow melt (no standing water at all).  Are we obligated to water proof a basement when everyone gets water in their basement to prevent a small amount of inconsistent water?

Thank you,

Kasay

Most Popular Reply

Account Closed
  • San Jose, CA
3,246
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4,456
Posts
Account Closed
  • San Jose, CA
Replied

Get rid of her.  A pain in the rear tenant is not worth keeping.  And the fact that she's on M2M says to me that she's not just trying to get out of her lease.  

If your laws are like CA, though, you might not be able to just give her notice, because in CA anyway, if a tenant exerts a right, then you can't kick them out for 6 months after they do so.

But, you know what?  If you just don't want to deal with her anymore, just give her notice to move out.  Tell her, you're just so sorry, but you can't afford to put the building into habitable condition at this time.  

Then, it's up to your tenant to sue you or not.  But, I'd call her bluff and just tell her, gee, I'm so sorry, but I just don't have the money to fix it to the standard you want, so I'm just going to have to give you notice to move out, and then work on getting the unit up to snuff.

Then, watch her change her tune.  But, I'd stick to the termination.  In CA, if she's been there for over 12 months, I'd have to give her 60 days notice.  You might only have to give yours 30 days.  Just check it out.

And remember, that all of the landlord fears are based on a tenant either having money to sue you, or the tenant being successful in convincing a fair housing organization (that's wwwaaaaayyyyy over-worked and under-staffed) that they have a case that will win.  So, if they don't, you probably don't have to worry about it.

Just saying, some tenants can be bullies.  But, they only win if they know more about the law than you do.  So, learn the laws for where you do business.  Way cheaper than hiring a lawyer - that might not have every taken the time to learn the laws about landlord-tenant issues.

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