Tenant just became wheelchair bound. Who's supposed to pay for the changes!!!!!!

General Real Estate Investing
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Tenant just became wheelchair bound. Who's supposed to pay for the changes!!!!!!

Tim Bee
Investor · CA · Member since 2023 · 196 posts · 107 votes

In CA:  I have a tenant who, all of a sudden is in a wheelchair.  They want widened door ways and God knows what else after that.  I'm guessing they might eventually want all the ADA requirements.  Changes to convert a whole house to meet ADA requirements and the ongoing nonsense that might keep coming up sounds insane.  Thinking about selling this home before I get in too deep.  Then there's the issue with doing a 1031 which is fine but my property taxes would go from $2200/yr to $4400/yr for an identical home.  Thoughts???

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Greg ScottPro Member
Rental Property Investor · SE Michigan · Member since 2014 · 4k+ posts · 6k+ votes
2y

I can't speak for California, but I am aware of federal laws.

Due to its cost, this would NOT be considered a reasonable accommodation.  In other words, you would not be required to make those changes.  Some times a tenant is willing to pay for changes.  If they wanted to pay for the updates and agreed to restore the property to its original condition (if you wanted them to) after they left, you would need to allow it.  However, this is unlikely in your case.

So what is there to do?  A reasonable accommodation would be to let them out of their lease without penalty once they find a suitable residence.

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  • Greg ScottPro Member
    Rental Property Investor · SE Michigan · Member since 2014 · 4k+ posts · 6k+ votes
    2y

    I can't speak for California, but I am aware of federal laws.

    Due to its cost, this would NOT be considered a reasonable accommodation.  In other words, you would not be required to make those changes.  Some times a tenant is willing to pay for changes.  If they wanted to pay for the updates and agreed to restore the property to its original condition (if you wanted them to) after they left, you would need to allow it.  However, this is unlikely in your case.

    So what is there to do?  A reasonable accommodation would be to let them out of their lease without penalty once they find a suitable residence.

    5Reply
  • Russell BrazilBusiness Member
    Moderator
    Real Estate Agent · Washington, D.C. · Member since 2012 · 17k+ posts · 30k+ votes
    2y

    Tenant is responsible for paying for the changes, and is responsible for paying to put the property back into original condition when they move out.

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    4Reply
  • Kevin Sobilo
    Realtor · Hanover Twp, PA · Member since 2018 · 3k+ posts · 3k+ votes
    2y

    @Tim Bee, what @Russell Brazil said but also when it comes to restoring the property to its original condition you can require them to escrow the funds to do that restoration work up front because we all know its hard to collect from people as they walk out the door. 

    2Reply
  • Tim Bee
    OP
    Investor · CA · Member since 2023 · 196 posts · 107 votes
    2y

    The tenant is Sec 8.  Here's what it says about that

    "
    Section 504 applies to housing that receives Federal funds. This
    includes, for example, public housing or other affordable housing.
    Section 504 typically requires more from housing providers than the Fair
    Housing Act. Generally, under Section 504, you must pay for a
    reasonable accommodation, and you cannot make the applicant or tenant
    pay for it. You must offer reasonable accommodations if you know an
    applicant or tenant is an individual with a disability, even if they
    have not specifically asked for one."

    0Reply
  • Kevin Sobilo
    Realtor · Hanover Twp, PA · Member since 2018 · 3k+ posts · 3k+ votes
    2y
    Quote from @Tim Bee:

    The tenant is Sec 8.  Here's what it says about that

    "
    Section 504 applies to housing that receives Federal funds. This
    includes, for example, public housing or other affordable housing.
    Section 504 typically requires more from housing providers than the Fair
    Housing Act. Generally, under Section 504, you must pay for a
    reasonable accommodation, and you cannot make the applicant or tenant
    pay for it. You must offer reasonable accommodations if you know an
    applicant or tenant is an individual with a disability, even if they
    have not specifically asked for one."


    I personally doubt that will apply here because the kind of requests mentioned aren't "reasonable" ones. Reasonable accommodations are typically small things that are not costly. For example, giving a wheelchair bound tenant access to a service elevator that tenants normally aren't allowed to use. Maybe installing a grab bar in a shower for an elderly tenant who needs it to safely enter/exit the shower.

    2Reply
  • Colleen F.Pro Member
    Investor · Narragansett, RI · Member since 2013 · 8k+ posts · 4k+ votes
    2y

    @Tim Bee look up the difference between reasonable accommodations and modifications. He is requesting modifications. Talk to the caseworker too.

    0Reply
  • Tony Savage
    Real Estate Broker · San Diego, CA · Member since 2016 · 187 posts · 117 votes
    2y

    Your tenant was abled bodied when he or she signed the lease.  You should not have to be responsible for modifications after the fact.  

    I believe your tenant needs to move out and find better accommodations to meet their needs.

    2Reply
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