Is a Tenant allowed to fix maintenance issues without informing the Landloard

San Jose, California
Managing Your Property
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Is a Tenant allowed to fix maintenance issues without informing the Landloard

Swathi Vijayakumar
Member since 2021 · 19 posts · 3 votes

Hi All

I have a tenant who on various occasions has fixed issues that have come up and deducting the cost from the rent without reporting the issue until after repairs are made.  We usually find out that there was an issue at the time of rent payment as a reason for the deduction. The tenant hasn't sent any receipts for the repairs even after multiple requests. I have two questions around this:

. 1) what are the legal implications of this is some sort of issue arises form the repairs.  Who would be responsible/liable?

  2) How to handle a situation that the tenant claims is an emergency that needed to be handle within a couple hours if you as the landlord doesn't believe is an emergency. Ex: Ants in the kitchen that needed an emergency spraying the same day which is why the tenant couldn't inform us before getting it done. 

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  • Bill B.
    Investor · Las Vegas, NV · Member since 2013 · 8k+ posts · 10k+ votes
    3y

    I’m sure your lease says tenant is responsible for all repairs completed without first  informing the landlord and letting them take care of it. Point to that part of the lease and have them pay for the repair. 

    Add any missing rent to past due amount and deduct it before current month’s rent. When rent gets behind send a notice to cure and then start the eviction process. “Nobody” is going to call ants an emergency. 

    When the lease comes due either non-renew or raise rent as much as possible. You might find a property manager would pay for themselves with higher rents, tenant paid repairs, and less hassle in your dad to say life all while not violating the laws of the worst state to be a landlord in. Good luck. 

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  • Matt Devincenzo
    Investor · Clairemont, CA · Member since 2011 · 3k+ posts · 2k+ votes
    3y

    Emergencies require police, fire or ambulance services everything else may be important (or not) but is not an emergency. I'd sent a formal notice of violation and state that 1) all issues are to be report to LL only for addressing (you can reject things you deem not necessary) 2) no costs for anything are to be deducted from rent. I'd also file a formal pay or quit along with your accounting of back rent owed, if they don't pay I'd likely move to evict unless their lease ends soon as you are able to non-renew (unclear based on length of tenancy and CA laws). It's not how I would personally like to handle things but if the tenant is acting like you say then our best bet is get a new tenant. 

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  • Nathan GesnerBusiness Member
    Moderator
    Real Estate Broker · Cody, WY · Member since 2010 · 28k+ posts · 41k+ votes
    3y
    Quote from @Swathi Vijayakumar:

    You need to take charge of this situation. Your lease should state that Tenant must report all maintenance issues to you in writing. You make the repair. If Tenant offers to make the repair in exchange for compensation, you decide whether you will allow that or whether you want a professional to make the repair. I recommend the latter. You also need to make it clear that Tenant is not to deduct anything from the rent. He pays full rent every month. If you want to reimburse him for something, you do it only after the work has been inspected/approved and the receipts provided, then you pay him separately just like you would a contractor.

    If the Tenant makes a repair that is unauthorized and it damages the home, the Tenant is legally liable. You should use a licensed contractor to ensure the job is done properly.

    Educate your Tenant on what constitutes an emergency. In my book, it's something that threatens the safety of a person or will cause immediate damage to the property. Ants can wait until the next business day. In fact, ants can be handled with a $5 ant trap available at any grocery or hardware store. Your lease should also say something about the Tenant taking responsibility for ordinary pest control.

    Read some books on how to manage your property. If you don't learn how to handle these simple things, it's going to really get tough when a Tenant starts threatening to sue or stops paying rent. Do yourself a favor: buy "Every Landlord's Legal Guide" by NOLO. Written by attorney investors, it's full of practical advice pertaining to management of investment property, has sample forms that can be edited, and - most importantly - they tell you what your primary state laws are and where you can read them. It's updated every year and is the best $40 you'll spend as a Landlord. There is one book for 49 states and a separate book for California.

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  • Richard F.
    Honolulu, HI · Member since 2008 · 3k+ posts · 2k+ votes
    3y
    Aloha,

    Learn to use the key word "NO" sooner in the future. This should have been stopped on the very first occasion, no matter what the issue was. NO deductions from rent payment. NO repairs by tenants will be authorized to make repairs unless written approval (email is acceptable) is given prior. NO work requiring licensed professionals such as electrical, plumbing, HVAC are allowed to be performed by tenants. NO reimbursements (or payments of any kind, to anybody) are ever made without receipt...what is your proof for tax preparation? Tenant is responsible for all costs to complete, remove and rework, or otherwise deal with unauthorized repairs or improvements, NO exceptions. To be clear, turning off a water valve or electrical main to stop/prevent further damage in the event of a sudden and unexpected situation is not considered "repairs", it is called mitigating damages.
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  • Ned J.Pro Member
    Investor · Manteca, CA · Member since 2017 · 1k+ posts · 2k+ votes
    3y

    EXACTLY what Nathan said.......

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