10 year tenant wants to build a deck and pergola.

10 year tenant wants to build a deck and pergola.

Real Estate Agent · Round Rock, TX · Member since 2016 · 28 posts · 10 votes

Hello! I have a duplex and on one side the tenant is going on their tenth year.  The want to build a deck and pergola in the back yard that attaches to the house like a lean-to.  I feel like I need to get a RE attorney and have a waiver in case of injury, but I'm also concerned over my definition and their definition of 'nice'.  Any advice or starting points?  Thank you.

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Andy WebbPro Member
Rental Property Investor · Carrollton, TX · Member since 2013 · 750 posts · 538 votes
10y

I would not let them do the work, but I would be happy to have one of my contractors do the work and charge the tenant back in part or in full.  I think in this case, given their tenure, I would split the costs.

Andy

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  • Mike CumbieBusiness Member
    REALTOR® · Brockport, NY · Member since 2015 · 3k+ posts · 4k+ votes
    10y

    Hi @Sarah Korsah,

    10 year tenants nice!!!!

    Work with them to find out what they are looking for, plans etc. Get a local contractor/deck builder to give you a quote and see what you are looking at costwise. Personally I wouldn't have the tenant build it, but 10 year tenants looking to improve the property may tend to keep staying. Perhaps telling them you will have it put in but you want them to sign a new lease for an added cost to help sway it (but this way they aren't paying upfront either) . 

    Good Luck!

  • Colleen F.Pro Member
    Investor · Narragansett, RI · Member since 2013 · 8k+ posts · 4k+ votes
    10y

    I would not allow it.  If they want  a freestanding structure like a platform/patio they can move when they leave I would consider but not a deck.  A deck properly constructed is tied into the house, needs a permit, and  should be according to code.  A patio might be different.    We have used those triangle sunshades over our deck.  We have attached them to posts, they could inexpensively be put over a patio if they are looking for something shaded.    

  • Buy & Hold Owner · Redlands, CA · Member since 2015 · 5k+ posts · 2k+ votes
    10y

    My lease prohibits all modifications and improvements, but if the tenant proceeds anyway, they become my property.

    Reminding them of such, usually deters such changes.

  • Andy WebbPro Member
    Rental Property Investor · Carrollton, TX · Member since 2013 · 750 posts · 538 votes
    10y

    I would not let them do the work, but I would be happy to have one of my contractors do the work and charge the tenant back in part or in full.  I think in this case, given their tenure, I would split the costs.

    Andy

  • Real Estate Agent · Round Rock, TX · Member since 2016 · 28 posts · 10 votes
    10y

    Thank you guys.  These are great ideas.  The sunshade is a maybe. I've been tempted to build a form of shade over the patio for awhile.  I also need a fence built.  I'd love to talk to one of your contractors Andy. Plus if the tenant was to build it themselves they probably would say yes to splitting the cost of construction on a pergola or arbor...

  • Real Estate Agent · Round Rock, TX · Member since 2016 · 28 posts · 10 votes
    10y

    The new lease with a built in payment plan is a good idea too.  I think my next step is to get some bids and work on shade and fence options.

  • Real Estate Broker · Chicago, IL · Member since 2015 · 531 posts · 266 votes
    10y

    I would ask them for plans, who they intend to have perform the work. If they are 10 year tenants I would work with them on this. Consulting an attorney is a great idea. 

  • Dawn BrenengenBusiness Member
    Moderator
    Real Estate Broker · Raleigh, NC · Member since 2014 · 2k+ posts · 1k+ votes
    10y

    I took a chance once on one of my rental properties.  I had an engineering student ask if he could build a deck himself and whether I would contribute toward materials.  I ended up paying about $800 for a 14x16 deck.  It was properly permitted and looked beautiful when he was done.  :)

  • Investor · McKinney, TX · Member since 2012 · 588 posts · 224 votes
    10y

    is the guy in this line of work?  If he has the skills I'd be tempted to at least take a look at what he is proposing.

  • Littleton, CO · Member since 2014 · 195 posts · 72 votes
    10y

    I would ask the Tenants to provide a sketch or plan for the Deck and Pergola.  

    If both items look to thought out and they are willing to hire a contractor and get a permit, I would consider paying for the materials while they pay for the labor.  You end up with a nice improvement and they end up with what they wanted.  Even a smaller deck, if built by Tenants and their helpers, might not come out very well.   Where I live, you have to have some decent footings for anything that has any kind of cover.  

    If not already in the Lease, have one drawn up that states all improvements become the property of the Landlord. 

    Also, make sure that they put some kind of sealer or water proof stain on the deck.  It will make it look better and you would be surprised at how many times I come across a deck or steps that are not sealed or properly maintained. 

  • Professional · Glendale, CA · Member since 2013 · 105 posts · 47 votes
    10y

    If the guy is not a licensed contractor, I would not allow him to do the work and the reason is what you wrote "and have a waiver in case of injury."   Or, if something is not quite right and a guest or future tenant gets injured and sues, your insurance co. won't want to pay because it wasn't built by a licensed contractor.

    As a great tenured tenant, you do want to pacify them.   Let him submit plans to actually see his definition of nice.  If the plans seem right, share them with a licensed contractor and get his/her opinion and bid.  They can also advise you on getting a permit.  If it's financially feasible and will look add value to the property and the tenant was willing to build, see if they will share some of the cost.

    Will this structure be shared by the tenant on the other side?  If not what will they think about one side having the deck and not their side?

  • Real Estate Agent · Round Rock, TX · Member since 2016 · 28 posts · 10 votes
    10y

    Thank you everyone.  I have been thinking about the other side wanting shade, but that side already has several upgrades because we owner occupied that side for several years.  I want to work on getting quotes this week for a shade structure and also try and contact the neighboring  duplex behind ours to see if they'd like to split the cost of the back fence.  It needs attention before anything else.  

    I have seen pictures now of what they wanted and I would want something nicer. 

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