Tenant Request for Compensation

[Al Williamson]

Got a call from a tenant telling me that a blade on her ceiling fan flew off and almost hit her. I apologized but went silent when she said she wanted to be compensated for the mishap. I told her we would talk about it later.

I am willing to replace the fan with a new one but I don't feel good about paying a penalty for injuries that didn't happen. What should I do? Pay a little to make the issue go away or find a lease loophole.

I really don't want tenant to stay - but I want to be fair.

[Charles M.]

Hey Al,

You can read up on CA tenant/landlord laws here but I didn't see anything specifically relevant to your situation on pages 37-40 under repairs;

www.dca.ca.gov/publications/landlordbook/catenant.pdf?

If it were me, I'd make it clear to the tenant that you understand the ceiling fan has "run the course of it's useable life" and ask what date might work best for tenant to allow entry for replacement. I would not bring up the compensation request at all.

If tenant brings it up however, I would explain that "after discussing the situation with your attorney, since no one was hurt and there was no property damage, replacing the defective appliance is all that's needed to bring the living space back into compliance with the high standards of safety that you strive for in all your units." Also, remind her that many of your units don't have the luxury of ceiling fans and that if it makes them feel safer, you'd be happy to install a flush mount light fixture instead.

If they do decide to act against you, it's out of your hands anyway but I think if you put it this way they'll think twice about crossing you. Afterall, you DID fix the problem and and give them choices.

Hope this helps!!!