Maintenence man

Ive never run across this situation and Im concerned if any laws were broken or if we are in a postion for a lawsuit?
Sceanrio:
I had this single mother tenant for over 10 yrs. She has a 13 yr old daughter. The Mother recently met a guy and they became a couple. We have a very nosy maintenence guy and he mentioned to me that he noticed a guy at the tenants apartment a lot. Well I just blew it off knowing full well its not my business. ( I only get involved if thier are behavior issues with a tenants boy/girl friends.)
The maintenence worker without my knowledge or permission approached the daughter (13 yr old) telling her she was in danger of being raped or molested by the new guy and asking many many questions. It really scared the daughter. Needless to say she told her mother and she called me immediately... furious about the questioning and the comments of this worker. Ive known her so long that I was able to calm her down and eventually had a in person meeting with her and she agreed to squash the situation but im still very nervous about this scenario. What can happen? What should I do?
Im angry, confused ...wondering if we may have a situation here. Please advise
Ray

Edited: 06/26/2010 at 09:21AM

Michael Rossi

Real Estate Investor · Ohio

4587 posts
14256 Influence
14 Awards

Icon_minipost Aug 13 '09, 09:46 PM

Oh, the joys of having employees! In my opinion, employees are a bigger pain in the butt than tenants. But, when you've got both, employees and tenants....well, let's jus say that you're a glutton for punishment.

I would relax! You aren't going to get sued. Even in today's screwed up world, there must be damages if someone's going to bring a successful lawsuit. What damages does the girl have?

Moreover, the maintenance guy is probably right. If he's seen the new shackup boyfriend and the boyfriend looks like a scumbag, then the girl probably is at risk ALTHOUGH THE MAINTENANCE MAN CERTAINLY SHOULDN'T HAVE SAID SO. He should have waited until he finds her laying in the yard, beaten and bloody, and then called the police. I imagine that he was trying to educate her a little and you see the result. NO GOOD DEED GOES UNPUNISHED!

At any rate, I would tell the maintenance guy to not talk to the tenants about anything but the weather and I would forget the incident - you are not going to be sued.

Mike

Edited: 06/26/2010 at 09:21AM

William Montague

· Glen Burnie, Maryland

19 posts
36 Influence

Icon_minipost Aug 13 '09, 10:19 PM

I think Mike hit the nail on the head. Just inform your maintenance guy not to discuss anything except maintenance issues with the tenant. As long as the rent is being paid in full and on time every month, they are not a nuisance to the neighborhood and there are no major violations of your lease terms I'd say let it go and tell the maintenance guy to stay out of their business.

Edited: 06/26/2010 at 09:21AM

Eric Wang

Real Estate Investor · San Jose, California

228 posts
226 Influence
1 Award

Icon_minipost Aug 14 '09, 12:26 AM

Anyone you hire for work on your rental property should just mind their own business and do the job he or she was hire for. If something did happen for example, sexual assaulted a tenant, you as landlord can be sued. At least this is true in my state, CA.

Edited: 06/26/2010 at 09:21AM

Ramon Pena Alvarado

Real Estate Consultant · Denver, Colorado

29 posts
137 Influence
1 Award

Icon_minipost Aug 14 '09, 08:22 AM

Wheeeew...
Thanks Mike, Willaim and Eric.
BTW ..I have told the mainte guy to NOT talk to tenants except for repairs ..etc.
No one mentioned FIRING the Mainte guy and I did consider it..but I guess no harm no foul. Ill definately keep my eye on him tho.
Like it has been mentioned ..we really live in a different world now...things are changing very rapidly and that goes triple for the size of some peoples B____ls. Thanks again.
Ray

Edited: 06/26/2010 at 09:21AM

P NW

· OR

1467 posts
12410 Influence
7 Awards

Icon_minipost Aug 14 '09, 08:55 AM

I would probably fire the maintenance guy. He's having aggressive conversations of a violent sexual nature with a 13 year old girl. I can't even begin to express how inappropriate that is.

You can be sued for the bad behavior of your employees, and your maintenance guy is a creep, and I would wonder if he is a pedophile.

If he'd approached the MOTHER with warnings, I would just order him to knock it off. But to approach the 13 year old indicates that there is something seriously wrong with his wiring.

Edited: 06/26/2010 at 09:21AM