When is relocation to tenants required for doing repairs

Question

Hello

I have a tenant who is asking for upgrading carpet and flooring, while its not in bad condition, it is getting old (~7 years) - I agreed to get it upgraded.

The installer said it will be ~6-8 hours job and can finish within 1 day - but the tenant says he wants to have 1 day relocation and need to stay out of home for 1day. How should I handle this?

Thanks for your insights.

Andrew B. · Answer

If the tenant is requesting a cosmetic upgrade, you have no obligation to do it. If you chose to do the tenant a favor, its beyond me why he expects you to pay relocation also. I would tell tenant to figure it out themselves or I can cancel the upgrade

Timothy Harstead · Answer

We relocate tenants if there is a hazard,  always use your own home as a guideline would you move out to get new floors probably not, now if a pipe burst and created mold you probably would.  but for floors they just need to move there furniture for a day, your doing them a favor,  we do floors for tenants with them living there all the time no problem

Sean Wagner · Answer

I would say that is an unreasonable request for you to provide accommodations while you cosmetically upgrade their unit. Perhaps tell them you can do it the next time they go out of town. If they give you push back, tell them if they are not ok with you doing work inside while they occupy the space then you won't be moving forward with the work as you are not obligated to complete cosmetic upgrades.

Krystyna Schexnayder · Answer

Hi! I own and operate a property management firm in Chicago.

Generally, tenants don’t have the right to demand relocation for purely cosmetic improvements, nationally.  The protocol, my team tasks in situations like this would be the following:

First, evaluate if the requested repair is truly cosmetic or if it impacts habitability. Cosmetic issues like the one's you explained do not pose an inhabitability concern. Whereas habitability issues, like structural repairs, may. Cosmetic repairs that don’t pose health or safety concerns are typically optional.

Then be very transparent and communicate thoroughly to the tenant, as to provide a professional explanation for your decision forward. Let the tenant know which repairs fall under cosmetic upgrades versus necessary maintenance. Being clear about what’s covered in the lease and by local laws can avoid misunderstandings and set their realistic expectations.

If you do plan to carry out the cosmetic upgrades (because the property is overdue and of course you want to ensure your tenants are enjoying their home to the best of your abilities), try to schedule the repairs at times that minimize disruption. You can offer options like reduced rent during disruptive repairs instead of relocation; simply as a courtesy, but absolutely not required.

Specifically, here in Chicago, the Residential Landlord Tenant Ordinance (RLTO) explains that owners are not required to relocate tenants for cosmetic issues, unless the work significantly impacts habitability, as expressed above.

AND THE MOST IMPORTANT PART,  document all communication and decisions about the repair requests. This ensures you’re protected in case of disputes and shows your commitment to maintaining the property thoughtfully and responsibly.

I know this was longggg, but hope it helps you or anyone else with this same question.

Alan Asriants · Answer

That is a crazy request by your tenant. The fact that you agreed to update his flooring is very nice of you in the first place. I Wouldn't mind upgrading my tenants unit as well (if it is a tenant I want to keep), but the upgrade would come at a cost.

I would need to increase their rent (be reasonable) to cover the new costs.

I would explain it this way: If you move out and I upgrade the property, I can charge more rent for the newer cosmetic finishes.

Seems like the tenant is trying to take advantage of you here...

Would you really get a hotel for a 1 day job in your place? Probably not...

Unless this is the Ritz Carlton or something lol.

Drew Sygit · Answer

@Mad Dendukuri easy solution - tell the tenant you can't afford to do flooring AND put them up somewhere, so deal is off.

Either they will be reasonable or show themselves to be greedy and someone you should get rid of.

Adam Bartomeo · Answer

We would not be paying for them to relocate for a day. They can live in the unit, stay at a friends or family members, or rent a hotel themselves. Tenants that ask for these types of things are typically entitled and will take further advantage in the future if you do not curb this behavior.

Benjamin Stanisel · Answer

Hey Mad,

I run a property management company in the Portland/Vancouver metro area.

Relocation in the Portland area is paid out for a few reasons:

1. No cause eviction

2. non-renewal of lease

3. Qualified Landlord reason for termination.

3. Rent increase over the rental cap per 12 months (10%)

4. Significant changes to lease terms that impact tenant

Also, the tenant would not qualify for relocation assistance if they live outside of Portland City limits, live with their landlord, or have a week-to-week tenancy.

The tenant has a "Right to quiet enjoyment" No entry is allowed for maintenance or repairs without proper 24-hour notice. If the tenant requests a repair, the landlord may without further notice enter the property at reasonable times within 7 days. Check out 90.322 of Oregon Legislature Bills & Laws.

If you are following laws for notices, and are not doing the improvement for any of those reasons above, the tenant is not entitled to have you provide relocation assistance for one day. However, I would try to work with the tenant and if I deemed the repair would be a significant inconvenience, I would pay the $100 for them to stay at a local hotel for the day. It's better to preserve a healthy relationship with the tenant than save a few bucks. The job would be easier for the installer, the tenant would be happy with your assistance, and you'd be able to improve the property thus increasing the value of the home. A triple win.

When is relocation to tenants required for doing repairs

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