Landlord rights: Tenant's rights to self repair door jambs from wheel chair damage

[Sara Kumar]

I have multiple rental properties but am asking with this situation as it is my first time encountering this.

The facts are: I have a management company who manages a single family home for me. The tenant while living in the home had one family member who became wheelchair bound during their occupancy. They did not request anything needed, and the home was not advertised as ADA accessible upon their move in. It had standard doorway widths. 

They resided in the home 2018 to present, and are moving shortly. During a final walk through, management sent photos of doorway damage that was extensive on 3 doorways, and will require a full door and door jamb replacement. As a landlord, I verified the work needed by pictures being sent, and arranged for a contractor to go in person who is licensed and insured to give an estimate for the work stating to management company this would likely have to come out of a security deposit.

The management company was initially asked prior to me arranging this appointment with contractor, to have someone professional quote the damage, and they disregarded my wishes and without my knowledge, or notifying me, granted consent to the tenant to fix the door " in any way they see fit, and to attempt to fix it themselves to the degree of their liking." 

When I inquired about what the contractor said that they should have scheduled, they then notified me (which was almost 2 weeks later) that they gave this consent to the tenant. They told me that they did this because they felt it was " fair " based on the fact that the tenant moved into the house, then had a wheelchair, and did not request from me to change anything within the home such as wider doorways for wheelchair, and under a specific law I would have been required to make such changes and " didn't have to." So based on this, the tenant is allowed to take a shot at fixing the door jambs any way they feel is acceptable, and if it is not to my liking upon their exit, I can then hire someone to remedy the situation and fix it to my liking.

what is this nonsense? She is saying this is legal based on the fact that under the "Equal Housing Act" I would have been required to make any requested changes to the home and so in that regard, this is "fair." Her attempts to become a lawyer in moments like this are hair raising stupid. While I do not know the exact laws around what she is quacking about, I do know that the way she is portraying her opinion is clearly... not the law. 

I responded with a legal notice saying that I cannot be left vulnerable for legal reasons to someone doing structural repairs on my home, because in the event they are hurt, I can be sued. I also stated that if they harmed the home in the process of these repairs, by not using a licensed and trained professional, it would cost me extra.

They responded saying they don't feel I can unilaterally request that a tenant not make these repairs, and they would not notify the tenant to cease work.

As it stands, I am allowed to have a contractor who is competent look at the job, quote it, but I am not allowed to do the work with that person, until the tenant has had a shot at it.

I cannot believe how basically unprofessional, and dangerous this situation is for all parties involved and want confirmation as the woman who works at this management company has no legal degree, and is constantly attempting to wave the legal flag like an expert. I have at this stage handed this over to an actual attorney, but wanted to check here on anyone else's experience with this. I am located in the state of Florida.

Many thanks!

[Tim Baldwin]

This is certainly a question that involves legal issues. I recommend that you reach out to your landlord lawyer. In general, a tenant is responsible for damages caused to a property, and even disabled tenants who qualify for reasonable accommodation and who alter the premises to meet their needs are responsible to put the property back into its original condition at their cost. It sounds like the yarn has been unwound already in your situation, so whether you have any remedies or not is a question you'll need to seek legal consultation for. Best wishes. 

[Matt Devincenzo]

Get a new PM, this one doesn't understand the rules and responsibilities they're supposed to be applying. 

You are never obligated to make accomodations for the tenant, you are simply required to allow them to make reasonable accomodations...and a structural door widening would not be 'reasonable'. The accomodation is also at their expense not yours. So there is no narrative where you somehow didn't have to do something 3+ years ago, so now you should make accomodations now as a thank you.

Also while they are right to give the tenant notice that the doors need repair to avoid a security deposit claim, the tenant cannot just make the repair any way they see fit. They could have stated that the tenant needs to find a licensed contractor and provide their info/quote for owner approval and then pay the cost directly. Alternatively you have your quote and would make the repairs for $XXX...it seems this has somehow turned into a tenant right that simply doesn't exist.

[Sara Kumar]

This is very well said. Thank you for putting it so succinctly. I not only am going to switch management, but the lawyer further told me that their lease agreement had a non disclosure lawyer clause that states they are not lawyers and do not give legal advice which this manager has repeatedly and brazenly enjoyed giving. He stated they also have misunderstood the application of the law, and in doing so, made a hasty response to his request that they notify the tenant which leaves them open to a claim against them. . should anything go wrong. 

I knew something was off about a management company telling me I do not have "unilateral" rights here to tell a tenant they cannot make these repairs without my consent. I do because I am the owner of the property bearing financial responsibility. I did suggest to them that I would like to do it as you stated, and was denied that right. They refused to even contact the tenant and said they will let me know how the repairs turn out. That is why the lawyer is now involved. Thank you for your fast and complete response.

[Theresa Harris]

I'll start with I'm in Canada.  I had a tenant who asked for modifications to the home after they moved in because they had mobility issues. I contacted the government (province as they are in charge of this) to ask and was told that I didn't need to pay for the modifications.  Having said that the tenant did pay for them and they were temporary and had them done by a professional and will pay to have them removed when they leave (they've been there almost 10 years at this point).

If the PM told the tenant they can have the repairs done, have your person go and look at them to see if they were done properly.  If so, leave it at that.  If not, then get a quote as to what it would cost to have it done properly and then charge the tenant.

[Sara Kumar]

The nature of the remodel would make it somewhat hard to inspect if it was done right without being removed. A licensed professional told me that it is not one of those kinds of repairs. I am concerned about it being done improperly, prettied up with paint, which many people do with even house flipping as I did this for a number of years, and then a short time later after everything is done and everyone exits, it all comes apart and you are left fixing it. If I had a penny for every time something looked okay and later learned it was not done correctly. So I am having a professional go today and take a look, and take photos, and give a quote, and I am sending the tenant a legal notice as well as the PM that no other fixing is permitted on their own besides paint, putty, and any hiring must be approved by myself first.

[Adam Bartomeo]

My understanding of the Federal Law is that the tenant can make modifications to the home at their expense but have to but it back to the original condition at their expense. I don't believe that the owner "has" to do anything. You would also have to check local laws but to my knowledge there aren't any laws in Florida.

Either way, they damaged the property and need to be held responsible. If they are fixing it then you shouldn't have a problem. You need to do your research! DOC_7452.PDF (hud.gov)

From HUD's Fair Housing Guide

The FHA requires a landlord to allow a tenant to make “reasonable
modifications” to the rental unit. Again, a landlord has to allow the tenant to
make changes needed so that he can fully use and enjoy the dwelling. The
tenant has to pay for these modifications.

[Andrew B.]

Your PM is so laughably wrong about this that I would consider reporting them if possible in your state. It is one thing to not understand FHA, that is what lawyers are for. But it is EXTREMELY negligent for a PM to give legal advice on FHA if they dont understand it.

[Kevin Epp]

Reasonable accommodations.

If they request reasonable accommodations to be made to the property for their disability, you must allow them to change the property for their use. At their expense.

They then must return the property to it's original condition. At their expense.

"Reasonable" accommodations is a broad term. I would say (not a lawyer) a door jamb is one of them.

They never notified you or the landlord about their disability, or requested this accommodation. They just destroyed the property.

You're here for people's definitive opinions, not to put their palms up and say get a lawyer. So I'll say this:

Get a lawyer (lol) if you care a lot about this door jamb.

But...

My gut says, if you don't like the door jamb repair on their end, keep the security deposit money required to repair it to it's original condition. Not a new gucci door or door jamb. Be careful there. Original condition.

Reason I say that is they never requested the reasonable accommodation. If they did, different story.

[Sara Kumar]

damage2

This is one doorway. A few were in this condition. I sent a licensed person yesterday who does repairs on doors and asked if we could somehow cut out the wood that is bad and replace. He told me when the damage is like this it has to be replaced meaning door jamb, and door which is sold together and you can't cut out just a section of that wood and to bond it back to the way it was originally is not possible when it is that dinged , it is just white now, with dings and some corners fixed here and there. He then said the tenant did not say what they did put on it other than they hired someone to fix it. He said that it was clearly bonded or puttied, and just painted white and looked ok but had some still visible wear and tear. 

I am unfamiliar with how long bond lasts, how sturdy it is over time, and will I be replacing this door jamb in 6 months even with a patch job done like this because it will look the same way and all wear down? 

Would love to know.. 

When the tenant moved in 2018 the entire home was new, molding, carpet, everything. Turnkey. No damage except for 1 spot on the kitchen counter. I asked him for a quote to replace the door jamb  today and am putting a lien on the deposit. He said he noticed a few other things and this management company person has a history of not disclosing damage from tenant that exceeds normal wear and tear until I get the key back and the deposit was returned. I don't want that happening here until I can view the house myself after tenant vacates and I have the person I use to fix things present. I'm relieved I have a lawyer, he suggested the lien in this situation because they were being uncooperative down to providing us with a recent fully executed copy of the lease with updated contact info for the tenant. 

I read the HUD link in full and am fully understanding now my rights, and as I understand it if a tenant requests a door be widened, they must pay for that, a contract is in place, and it is returned back with a deposit made that is large enough to cover the full construction costs. In either circumstance, the door must look as it did when they moved in. Reasonable accommodations I guess is the act of simply allowing a tenant to pay for a door widening among other things.

There were a few other things I believe which are destroyed including carpet which was newly installed a week before she moved in, but b/c it is 7 years, I can't do anything about it from what I read on this forum and other people asking these questions. 

I am debating whether I want to restore the door to what it was, (I wanted to list this home for sale and I will surely get dinged on this on the inspection in terms of wear even if it is bonded and white). I have kept the rent relatively low for this tenant for 7 years due to the ongoing pity story and pressure from the management. I received all the information on what was going on with the tenants constantly, someone died, someone else now died, now you increased the rent and their extended family has to move in to help pay it. I actually to date did not charge what I felt the market rent was, because I genuinely felt uncomfortable. It actually got to a point where recently I told them I AM increasing the rent, this is the market price, and I gave them 2 months notice to sign a new lease at that or move and they are moving. So this has been going on for some time. . 

 In my humble opinion, the management person is pro tenant. I was also told this by someone else who experienced something similar and has property listed with them.  After this experience, I do not feel they simply are "managing both parties fairly." Lesson learned and would definitely like to know if I can report this company for this type of practice, and to whom?? 

I have not had any bad experiences with other management companies . The costs over covering fixes their tenants were responsible for over the years has accumulated to a large number. Those small costs add up and they do not follow though with holding security, or communicating with tenant as I would like but play God rather in deciding how to apply the law. That is up to a LL IMO as you bear the legal risk there anyway.

This was my last listing with them. Thanks for the advice checking in because it is greatly helpful this week.

[Joe Norman]

Personally I think you're making a mountain out of a mole hill here. Let the tenant take a shot at repairing it. If they do a good job then great, no problems. If they do a sub-standard job then hire a professional to do it right and dock their security deposit.

[Sara Kumar]

The issue was that the management would not properly manage and there was liability involved. It doesnt look great its pretty banged up but I have been great to the tenant and am letting it be most likely with paint and putty. If someone attempts to fix and gets hurt in a larger way I felt I could be liable. Thanks!

[Nathan Gesner]

Your property manager has a fiduciary responsibility to protect you, her client. She's choosing to favor the tenants over you, which is a violation of her responsibility.

As for liability, I think you're making a mountain out of a mole hill. The tenant's not going to put door putty and paint on and end up in a coma or burn the house down.

Let them do what they are going to do. When it's all over, inspect to see if it meets your standard. If it doesn't, hire  contractor to return it to the original condition. Document before and after with pictures as evidence. Send the bill to your PM and demand they procure payment from the tenant for the damage they caused. If the PM is unable/unwilling to collect from the tenant, demand they compensate you for allowing the expense to occur. If they refuse to pay, file an ethics complaint with the state commission and consider taking them to small claims. Or chalk it up as a lesson learned and move on.

I highly recommend you find a new PM that understands who they are supposed to protect.

[Michael Smythe]

@Sara Kumar most states require a tenant to return the property in the same condition as it was when they got it.

As such, a tenant can usually repair damages they caused - as long as they pull all proper permits, work is done in a professional-like manner and they indemnify the property owner & manager from any and all potential claims. The owner/manager has final say on if the repairs are acceptable or not.

Your PMC appears to have:

1) Given incorrect directions & permissions

2) Not gotten any indemnification protection for you

Recommend getting them to take responsibility and start looking for a new PMC.