Tenants taking care of repairs. Should I worry?

Question

My new tenants seem to want to take care of repairs themselves. They are a couple in their seventies, so I see their obvious aversion to having the landlord coming around to take care of things as evidence of their desire for privacy (see below about dementia)--I don't think they're trying to hide illegal activity, for example. I worry, though, since they seem to like to pretend that they own the place, and they often have a desire to "improve" things that don't need improving. Their lease renews on October 1, and since there is a 60-day notice provision either party would have to terminate by the end of July. Should I insist on visiting them to inspect the property before the end of July? Before you say, why not, what's the harm, let me explain that the wife is, unfortunately, suffering from dementia and she's extremely unstable, difficult, and paranoid, so there's something to be said for keeping a low profile and not rocking the boat. I do want to keep the tenants, since the husband pays the rent reliably. Any wisdom anyone could share would be much appreciated!

Rob K. · Answer

I doubt they would move if you insist on inspecting the property. Old people usually are set in their ways and don't like moving. Moving is a nightmare. I have found that older people are the best tenants. They don't have parties, police activity, they know how to fix simple things that the younger generation either never learned or doesn't care about, and they know that they need to pay their rent.

You could tell them that your insuirance company requires you to give the house a yearly "once over" and you could go in and test the smoke detectors, check the furnace filter, etc. Talk to the husband about it. When you go there, he might offer you a cup of Postum and tell you his life story. You'll be his buddy.

Mark Forest · Answer

I like the above.  Thanks.

Kay March · Answer

Rob K, your suggestion about referring to the insurance company's inspection requirement is just great, and I will use it! Thank you--and the "Postum" thing was very funny! Chris Sweeney and Roy N., my lease does include the terms you mention, but I'm not sure when and how to enforce those terms. For example, Jon K. describes situations where the landlord might not want or need to interfere with tenants who do minor, necessary repairs, but in my situation I have reason to fear that the tenants might go too far. Thank you, Steve Might and Karen Margrave, for describing actual situations that I hadn't thought about and for encouraging me to do the inspection. I haven't been inside the rental since January, so I definitely will insist on going in before the 60-day deadline for lease termination at the end of July.

Roy N. · Answer

Steve:

Sorry I did not get to this last evening as I committed ... it slipped my mind.

In our neck of the woods, we have a standard government lease (called Form 6) which, while it is not obligatory we use it, any lease you draw-up yourself cannot deviate or contradict the standard lease ... so most folks use it.

The standard lease allows the landlord to attach their own Schedules to the lease ... most notably Schedule A - Additions to the Standard Lease ... this is where your "house rules" are to be found.

In our Schedule A, we have a section on Alterations to Rental Property which contains the following clauses:

While not in "legalease" you could have your Council or paralegal translate it into formal clauses for inclusion in your lease document {we purposely try to keep our Schedule A in everyday language, but did have it reviewed by our Council}

Roy N. · Answer

@Steve Might

We always record the tenants insurance policy information and make a copy of the proof of insurance.  This allows us the opportunity to file a claim at a later (though we have never had to do this).

Here we also collect a security deposit that is the equivalent of one months rent (the limit under the law), which is remitted to the Provincial Rentalsmans office.

We conduct both an entrance and exit inspection of the property with the tenant prior to them moving in and after they have moved out and cleaned the apartment.  Both the tenant and landlord sign the inspection form following each inspection.

Any damages identified during the exit inspection (that were not present during the entrance inspection) will be addressed at the expense of the Tenant; they agree to this - and provide a forwarding address - when they sign the exit inspection form.

We also have 7-days following the end of tenancy to notify the Rentalsman that a claim will be filed against the Tenant's security deposit ... in the event the Tenant has abandoned the apartment or we are fairly certain they will not honour their obligation to pay for the repairs.

Mark Forest · Answer

Ok, so how does this work?  If the tenant's lease expires and they leave will I still be able to get a claim on the renters insurance?  I guess the best thing would be to catch it before that and insist they file a claim.  I am not sure how this is done.  What has been your experience?

Roy N. · Answer

Steve Might

Our general rule is "no pets", or more precisely, we handle all pets as exceptions on an individual basis.  One of the conditions for allowing the pet is proof of a pet damage coverage on the Tenant's insurance.

Mark Forest · Answer

No, I currently do not require renter insurance, but I strongly recommend it.  I have heard from insurance people that I should insist on it.  You raise a good point.  What does everyone else think?

Roy N. · Answer

Steve Might  do you require tenants with pets to carry damage coverage for their pet(s) as part of their tenants insurance?

Karen Margrave · Answer

Kay March That's a tough one. What types of repairs are they making? When was the last time you saw the inside of the unit? Could there be a dangerous situation that needs to be addressed, such as hoarding or ? that could be a health and safety hazard? (fire, rats, etc.), or are they unable to care for themselves? Are there other people that live in the building? Does the husband go in or out that anyone knows of?  Has anyone made any complaints? Are there any relatives of theirs you can contact and talk to about the renters?

I'd just tell them you need to go look inside, and that you won't bother them. If they are in a situation where they are having a hard time caring for themselves, maybe you can notify relatives or someone. That would be my biggest concern, their welfare, which in  turn can affect your property.

Tenants taking care of repairs. Should I worry?

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