Tenant's Unit will be Inaccessible...What's my Responsibility?

Question

Hi folks,

I'm wondering if people would be so kind as to share their opinion with how they would handle my current situation.

My homeowner's insurance (I'm house hacking) is requiring I fix the external walk-up stairs to my tenant's unit-located on the second floor of my 2 unit house. Its in rough shape (clearly something the previous owner tried to build themselves) and has been on the cap-ex list for awhile. So I'd like to bite the bullet, tear it down and replace it with a new set of stairs that I don't have to worry about falling apart. The company doing it estimates my tenant won't have stairs to her front door for 2-3 days if everything goes smoothly. There is no other access to the unit other than the fire escape balcony that doesn't have stairs going to it.

I asked tenant if she can find other housing for 2-3 days. no big right? she has two cats and a bunny and apparently no friends or family who will take her in for a couple of days(she cites the pandemic as an obstacle as well). Fair enough. Is it my job to call around and find housing for her and her animals? Do I tell her to figure out housing herself and I'll reimburse her? Do I say 'tough luck-figure it out'? (obviously probably won't do that, but you get the spectrum I'm laying out here).

I'm sure there's a state statute (I'm in Madison, Wisconsin, aka the most tenant-friendly city in the US) that specifies the landlord's responsibility and I'm going to seek out input from our local tenant resource center as well, but wanted other landlord's opinions on how they'd deal with the situation.

Thank you in advance!

Stephan

Stephan Precourt · Answer

@Brian Hamel, @Kyle J., @Anna Sagatelova thank you for your inputs! I think I’m going to give her cash up front and contact info for a couple Airbnb’s that I’ve called ahead of time to verify they’d allow her and the animals. That way she can pocket the cash and stay at a friend’s if she truly does have a place to stay, or make arrangements without financial hardship. That’s probably above and beyond what’s necessary but she’s been a good renter. Thank you again, this was super helpful in calibrating my decision!!

Kyle J. · Answer

@Stephan Precourt  Your legal obligation in a situation like this (a unit is either not livable, not accessible, or not usable for its intended purposes) is that you'll be required to waive the rent for the days that the tenant is displaced and doesn't have access to the unit.  Basically, don't charge her rent for the 3 days she can't get into the unit (or however many days it ends up being).

Now, if you wanted to be a really nice landlord and go the extra mile for your tenant, you could offer to pay for a local motel for her to stay at while this work is being done (if she truly doesn't have anywhere else to stay).  You're under no obligation to do this, and you certainly don't have to "call around and find the housing for her".  However, if you decide to offer the motel and you don't find the place yourself, you should probably discuss up front some limitations on the price you're willing to cover so you're not thinking Motel 6 price-point and she ends up booking Four Seasons.

Lastly, if you're even considering the motel option, I would tell the tenant it's one or the other (waiving the rent or paying for the motel).  Do not do both because then you're penalized twice.  If you end up getting her a motel room, there's no reason to waive her rent.  But if you don't get her the motel room, then you need to waive her rent because the responsibility (and cost) is on her to find replacement housing for those days.

Best of luck.

Corina Eufinger · Answer

I would have to agree with earlier sentiments about most people not being able to give the experienced legal advice you want in this situation. Especially because the city of Madison and Dane Co have many additional regulations that may affect how you approach this.  Generally speaking as long as you pro-rating rent for the days they can't use the unit you should be fine.  But beware of leaving them without the unit for more 15 days as this crosses into other territory just with state statutes.  It sounds like you are only planning on 3 days though.

Darius Ogloza · Answer

LaQuinta's tend to have pet friendly policies.  We traveled across the U.S. with two dogs.  No problems there.  Maybe you can offer to house the bunny for a couple of days.

Anna Sagatelova · Answer

I don't think people here are qualified to give you advice on what your legal obligations are, especially in your jurisdiction.

From a practical standpoint, I can imagine it would be VERY difficult to find accommodations for the tenant and all her pets - how many hotels do you know of that take two cats and a bunny? I have a very small dog, and that's the least "unusual" and most traveled with type of pet, and even those accommodations are not always available.

It is not your place to assume that she has friends/family that can take on any part of that burden.

I would say you may have to find a way to accommodate her IN FULL - she needs a place to live while her unit is inaccessible, and she should not have to pay out of pocket for that issue. She also needs a way to house her pets and care for them when they are displaced from the home. It's all a package deal. I am not sure if she would be able to leave her pets unattended for 2-3 days - plus, what happens if the repairs are delayed due to some unforeseen circumstances? There's a big difference with leaving a cat (and its food supply, litterbox, etc) unattended for 2 days vs. 4 days.

It's a difficult situation but I would start by having an open conversation with your tenant and ask her what options she can pursue, because this is a safety-minded repair that needs to be done. You may need to explain that if you can't get this done timely, you will no longer be able to continue renting the unit. There may need to be some creative solutions to this and a the end of the day, the important thing is that the tenant does not pay out of pocket for your need to make her unit inaccessible. However, it doesn't mean that she cannot be inconvenienced in any way. You will have to collaborate on a solution that works for all parties and allows you to move forward while letting her and her pets have stable housing that she expects per her lease agreement.

Brian Hamel · Answer

@Stephan Precourt

Hi Stephan,

If you like her as a tenant I would offer a set price per day for a hotel. More than likely she will find a friend and pocket the cash. If I was interested in moving on from her I might make it the reason I had to have her leave once her lease was up. Good luck

Tenant's Unit will be Inaccessible...What's my Responsibility?

Most Popular Reply