Driveway Repair Required?

[Shannon S.]

Proactively making fixes to a LTR property we acquired 3 years ago and the tenant asks me if I’m fixing the driveway. Sends me these pictures and says she’s almost tripped and worried about someone getting hurt. They just signed a renewal for their third year to remain in the property and they are the only tenants we’ve had since we acquired it. The driveway doesn’t look bad to me but I feel like she’s putting me on notice? Lease does NOT say tenant is responsible for driveway, only landscaping and lawn and tenants are required to carry renters insurance. How would you respond?

Thank you!

[Todd Rasmussen]

I wouldn’t fix the driveway, the major hole does not seem to be in a walking path nor where someone would enter or exit a vehicle. It looks bad so I’d do it in the next couple years assuming the whole neighborhood doesn’t look like yours. I would do something about the walkway if that’s the main path to get to the house as it’s highly traveled and therefore has a more significant risk of loss.

I would worry that you are training your tenant that lease renewals result in upgrade requests being granted and id be quick to offer them a lease cancellation for convenience if they didn’t feel safe in the house. Usually language along the lines of this lease renewal was offered based on the current condition and finishes of the home as it is today. If you’d like a new driveway, we would consider installing one based on a $xxx higher lease amount.

By responding and fixing the pathway Issue you show that you make repairs reasonable to keep the property maintained in a safe condition upon discovering that a condition exists. For the same reasons you can articulate why you needed to fix the walkway you can articulate why it’s reasonable that the driveway does not pose a safety risk. I would hang my hat on the reasonableness of that action but it’s your house and your risk so also your decision.