Comments on: On the Fence with Landlording? A Rental with Bite! http://www.biggerpockets.com/renewsblog/2007/12/27/on-the-fence-with-landlording-a-rental-with-bite/ Learn, Network, Invest Sat, 11 Feb 2012 23:51:37 +0000 hourly 1 http://wordpress.org/?v=3.3.1 By: Jim Watkinshttp://www.biggerpockets.com/renewsblog/2007/12/27/on-the-fence-with-landlording-a-rental-with-bite/#comment-53360 Jim Watkins Wed, 02 Jan 2008 18:08:25 +0000 http://www.biggerpockets.com/renewsblog/2007/12/27/on-the-fence-with-landlording-a-rental-with-bite/#comment-53360 Everyones comments are both valid and interesting. I just wanted to add something that I discovered after becoming a landlord... As a landlord/owner, I have everything to lose. A tenant, has everything to gain.Thankfully, I have been blessed with tenants that merely wanted a place to live. I know other owners that have had tenants who have sued over the craziest things and tried to take advantage over and over again.So the purpose of my article was intended to offer a way to help limit liability. As I have said in classes before, "I am not afraid of losing a lawsuit. However, I am concerned about being sued." Being sued costs money... even if I am right or if the suit is meaningless.Happy New Year Everyones comments are both valid and interesting.
I just wanted to add something that I discovered after becoming a landlord…
As a landlord/owner, I have everything to lose.
A tenant, has everything to gain.

Thankfully, I have been blessed with tenants that merely wanted a place to live. I know other owners that have had tenants who have sued over the craziest things and tried to take advantage over and over again.

So the purpose of my article was intended to offer a way to help limit liability.
As I have said in classes before, “I am not afraid of losing a lawsuit. However, I am concerned about being sued.”
Being sued costs money… even if I am right or if the suit is meaningless.

Happy New Year

]]> By: Shawn Chonghttp://www.biggerpockets.com/renewsblog/2007/12/27/on-the-fence-with-landlording-a-rental-with-bite/#comment-53359 Shawn Chong Wed, 02 Jan 2008 17:05:19 +0000 http://www.biggerpockets.com/renewsblog/2007/12/27/on-the-fence-with-landlording-a-rental-with-bite/#comment-53359 The first thing I've got to say is that litigation in America is nuts! In Canada, only the owner of the dog could be sued, and no one else. What if the children happened to be on the sidewalk at the time? Would the parents sue the city for not putting dog traps on the street?! And what about the renters - the people who were occupying the property where the children were playing? I think they're much more responsible for the attack than the landlord.Although I am not a landlord myself - and am in fact a renter - I totally feel you don't need to put up a fence. You mentioned that the other properties in the area don't have fences, either; which is even less reason to put up a fence. Why not just put up a sign that reads, "No trespassers, including animals. Enter at your own risk." I'm sure that would fully nullify any potential suit out there.Forrest mentioned that he hasn't sympathy for the "people cashing his check." Of course all types of businesses have costs associated with them; but a fence in a predominantly non-fenced neighborhood is not a requirement for safety or comfort. Fixing a leaky roof, fixing broken appliances and paying a mortgage are the "costs of business" for an owner of rental property.The couple should've found a place already with a fence if that's what they wanted. If one chooses to rent a place that is in a high-traffic area; it's not the landlord's responsibility to re-route traffic.Also... maybe you should've asked your renters to pay for half the fence, or at least pay for it over time through an little raise in their rent. Or maybe sign a longer agreement, which would mean the fence would be put to good use? The first thing I’ve got to say is that litigation in America is nuts! In Canada, only the owner of the dog could be sued, and no one else. What if the children happened to be on the sidewalk at the time? Would the parents sue the city for not putting dog traps on the street?! And what about the renters – the people who were occupying the property where the children were playing? I think they’re much more responsible for the attack than the landlord.

Although I am not a landlord myself – and am in fact a renter – I totally feel you don’t need to put up a fence. You mentioned that the other properties in the area don’t have fences, either; which is even less reason to put up a fence. Why not just put up a sign that reads, “No trespassers, including animals. Enter at your own risk.” I’m sure that would fully nullify any potential suit out there.

Forrest mentioned that he hasn’t sympathy for the “people cashing his check.” Of course all types of businesses have costs associated with them; but a fence in a predominantly non-fenced neighborhood is not a requirement for safety or comfort. Fixing a leaky roof, fixing broken appliances and paying a mortgage are the “costs of business” for an owner of rental property.

The couple should’ve found a place already with a fence if that’s what they wanted. If one chooses to rent a place that is in a high-traffic area; it’s not the landlord’s responsibility to re-route traffic.

Also… maybe you should’ve asked your renters to pay for half the fence, or at least pay for it over time through an little raise in their rent. Or maybe sign a longer agreement, which would mean the fence would be put to good use?

]]> By: Jim Watkinshttp://www.biggerpockets.com/renewsblog/2007/12/27/on-the-fence-with-landlording-a-rental-with-bite/#comment-53263 Jim Watkins Sun, 30 Dec 2007 05:54:57 +0000 http://www.biggerpockets.com/renewsblog/2007/12/27/on-the-fence-with-landlording-a-rental-with-bite/#comment-53263 Chris... I guess thats what some lawyers are for. Chris… I guess thats what some lawyers are for.

]]> By: Chris Lengquisthttp://www.biggerpockets.com/renewsblog/2007/12/27/on-the-fence-with-landlording-a-rental-with-bite/#comment-53244 Chris Lengquist Sat, 29 Dec 2007 02:40:56 +0000 http://www.biggerpockets.com/renewsblog/2007/12/27/on-the-fence-with-landlording-a-rental-with-bite/#comment-53244 Yes, but.......what if the kids had been in the front yard and the dog attacked them there? I get where you are going with this. Just seems though you cannot possibly be protected for every single possibility.I never want to use it, but it's why I carry large umbrellas on each prop. Yes, but…

….what if the kids had been in the front yard and the dog attacked them there? I get where you are going with this. Just seems though you cannot possibly be protected for every single possibility.

I never want to use it, but it’s why I carry large umbrellas on each prop.

]]> By: Jim Watkinshttp://www.biggerpockets.com/renewsblog/2007/12/27/on-the-fence-with-landlording-a-rental-with-bite/#comment-53215 Jim Watkins Thu, 27 Dec 2007 23:39:32 +0000 http://www.biggerpockets.com/renewsblog/2007/12/27/on-the-fence-with-landlording-a-rental-with-bite/#comment-53215 "a month after we moved in the fridge, washing machine, dishwasher and garbage disposal all died and we are still paying full rent with the landlord refusing to fix anything."Kel.... I don't know which state you live in but, I would suggest that you not break a lease (assuming it isn't a month-to-month.) Read your lease. I am sure there is something listed in the lease that covers what is the responsibility of the landlord. Your situation is not a fun one to be in. I would suggest you post your situation in the Forums section as there are a lot of talented people on BiggerPockets who can offer you detailed advice on what you can/should do.And now, back to our regular programming.... “a month after we moved in the fridge, washing machine, dishwasher and garbage disposal all died and we are still paying full rent with the landlord refusing to fix anything.”

Kel….
I don’t know which state you live in but, I would suggest that you not break a lease (assuming it isn’t a month-to-month.)
Read your lease. I am sure there is something listed in the lease that covers what is the responsibility of the landlord.
Your situation is not a fun one to be in. I would suggest you post your situation in the Forums section as there are a lot of talented people on BiggerPockets who can offer you detailed advice on what you can/should do.

And now, back to our regular programming….

]]> By: Kelhttp://www.biggerpockets.com/renewsblog/2007/12/27/on-the-fence-with-landlording-a-rental-with-bite/#comment-53212 Kel Thu, 27 Dec 2007 21:55:25 +0000 http://www.biggerpockets.com/renewsblog/2007/12/27/on-the-fence-with-landlording-a-rental-with-bite/#comment-53212 I never even thought of it that way!I wish our landlord was as accommodating as you.We are paying for a "Fully Furnished" place. About a month after we moved in the fridge, washing machine, dishwasher and garbage disposal all died and we are still paying full rent with the landlord refusing to fix anything.My fiances dad is an electrician and says the landlord has done alot of the electrical work himself and it isnt done by safety standards.Looking to move out ASAP! I never even thought of it that way!

I wish our landlord was as accommodating as you.

We are paying for a “Fully Furnished” place. About a month after we moved in the fridge, washing machine, dishwasher and garbage disposal all died and we are still paying full rent with the landlord refusing to fix anything.

My fiances dad is an electrician and says the landlord has done alot of the electrical work himself and it isnt done by safety standards.

Looking to move out ASAP!

]]> By: Jeremyhttp://www.biggerpockets.com/renewsblog/2007/12/27/on-the-fence-with-landlording-a-rental-with-bite/#comment-53211 Jeremy Thu, 27 Dec 2007 21:54:08 +0000 http://www.biggerpockets.com/renewsblog/2007/12/27/on-the-fence-with-landlording-a-rental-with-bite/#comment-53211 Interesting post - I guess it's a matter of what's the liability if I DON'T erect the fence, something we don't always take into consideration. Forrest's point is valid, but sometimes rents go up because cost of doing business goes up, and those two increases aren't always in tandem. Interesting post – I guess it’s a matter of what’s the liability if I DON’T erect the fence, something we don’t always take into consideration. Forrest’s point is valid, but sometimes rents go up because cost of doing business goes up, and those two increases aren’t always in tandem.

]]> By: Patrickhttp://www.biggerpockets.com/renewsblog/2007/12/27/on-the-fence-with-landlording-a-rental-with-bite/#comment-53209 Patrick Thu, 27 Dec 2007 20:56:20 +0000 http://www.biggerpockets.com/renewsblog/2007/12/27/on-the-fence-with-landlording-a-rental-with-bite/#comment-53209 Interesting story. I always considered myself a person that sees both sides of a situation but never thought to look at it like this.I guess theres two sides to every story....or in this case two sides to every fence. Interesting story. I always considered myself a person that sees both sides of a situation but never thought to look at it like this.

I guess theres two sides to every story….or in this case two sides to every fence.

]]> By: Jim Watkinshttp://www.biggerpockets.com/renewsblog/2007/12/27/on-the-fence-with-landlording-a-rental-with-bite/#comment-53208 Jim Watkins Thu, 27 Dec 2007 20:17:44 +0000 http://www.biggerpockets.com/renewsblog/2007/12/27/on-the-fence-with-landlording-a-rental-with-bite/#comment-53208 Thanks for the comment. I understand your point of view. In this case, adding a fence was a cost of doing business but, not one that was actually "needed." If all of the other houses in the area had fences, then I would agree with you more. If you are a renter that pays early every month... Have you given thought to buying a rent property yourself? I would think you would be a good landlord. Thanks for the comment. I understand your point of view. In this case, adding a fence was a cost of doing business but, not one that was actually “needed.” If all of the other houses in the area had fences, then I would agree with you more.
If you are a renter that pays early every month… Have you given thought to buying a rent property yourself? I would think you would be a good landlord.

]]> By: Forresthttp://www.biggerpockets.com/renewsblog/2007/12/27/on-the-fence-with-landlording-a-rental-with-bite/#comment-53202 Forrest Thu, 27 Dec 2007 19:01:27 +0000 http://www.biggerpockets.com/renewsblog/2007/12/27/on-the-fence-with-landlording-a-rental-with-bite/#comment-53202 As unreasonable as the lawsuit sounds ... I have to admit I don't have a great deal of sympathy as a renter. I pay my rent early every month, and have seen it go up a few times through the housing bubble ... reading that the people cashing my check have costs of doing business isn't exactly a heart breaker.Sorry if that sounds overly negative ... I'm just trying to offer a different perspective. As unreasonable as the lawsuit sounds … I have to admit I don’t have a great deal of sympathy as a renter. I pay my rent early every month, and have seen it go up a few times through the housing bubble … reading that the people cashing my check have costs of doing business isn’t exactly a heart breaker.

Sorry if that sounds overly negative … I’m just trying to offer a different perspective.

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