I have a tenant complained that her space - which is under a tall oak tree - is receiving a healthy amount of bird poop. She is asking to either move her to a different spot, remove the tree or to allow the use of my hosebib for car washing.
This is a new one for me.
I can't assign her a different spot as all spaces are assigned. I told her if she finds another tenant to swap with her I am ok with that.
I can't remove the tree. The city won't let me remove it anyways and it's ridiculous.
I have a clause in my lease against car washing. I don't want to start allowing that and I pay for water.
Anyone an expert on bird poop? Is it true birds like to poop on some color vehicles more than others? Can I float an owl or snake balloon up into the tree and scare off the birds?
@Sam Leon The fact that she would be okay with you letting her wash her car there, says to me that she doesn't mind the spot that bad. She could drive through a car wash somewhere else. Or, she could buy a cover for her car. But, she made it clear she's willing to wash her car. She just wants you to pay for the water. Wrong.
So, in this case, I'd give her the happy clause. I'm sorry, I can't accommodate you, but I understand that you might not want to continue living here. I'll be glad to let you out of your lease with just 30 days notice. Then, give her that offer in writing, in an email at least, and include in it the options she gave you.
If she tries to sue you for damage to her car, you just whip out the written offer to let her move out with just 30 days notice. The judge will then say, why didn't you just move then? Or go wash your car, since you were obviously willing to wash your own car?
And I would not agree to let her switch spaces with someone. That will just involve you in their drama, agreement, yatta yatta, and create a new precedent that will be a pain in your rear.
People who agree to rent somewhere without covered parking, live with poop and leaves and tree drippings. If she wants covered parking, or included car washes, she needs to get on Craigslist and look for a different complex.
It never ceases to amaze me how some tenants want landlords to accommodate them with champagne on a beer budget.
Bird poo is very corrosive on paint work. You want to allow her to wash the car or do want to have it resprayed? ;)
Personally, if she is getting a lot of crap on her car regularly, then she does have a valid complaint, no one wants to be seen in a car covered in bird poo, let alone drive it. I wonder if you couldn't find a car frame for that spot as they only cost $200 from Harbor Freight.
@Sam Leon that's a tough call. @James DeRoest has a good idea on the car frame but I just wonder if you did that will the other tenants then want one. :/ if she is receiving a ton of poop I doubt any other tenants will want to switch. What if a tarp-like material was draped from the tree as an overhang over the car spot. But then that would mean periodically taking it down to clean or replace and that's more of an effort. Sorry as I as ruling that one the pro was over taken by the con. :|
How many spots are we talking about at the property? All spots car frame?!?
@Sam Leon The fact that she would be okay with you letting her wash her car there, says to me that she doesn't mind the spot that bad. She could drive through a car wash somewhere else. Or, she could buy a cover for her car. But, she made it clear she's willing to wash her car. She just wants you to pay for the water. Wrong.
So, in this case, I'd give her the happy clause. I'm sorry, I can't accommodate you, but I understand that you might not want to continue living here. I'll be glad to let you out of your lease with just 30 days notice. Then, give her that offer in writing, in an email at least, and include in it the options she gave you.
If she tries to sue you for damage to her car, you just whip out the written offer to let her move out with just 30 days notice. The judge will then say, why didn't you just move then? Or go wash your car, since you were obviously willing to wash your own car?
And I would not agree to let her switch spaces with someone. That will just involve you in their drama, agreement, yatta yatta, and create a new precedent that will be a pain in your rear.
People who agree to rent somewhere without covered parking, live with poop and leaves and tree drippings. If she wants covered parking, or included car washes, she needs to get on Craigslist and look for a different complex.
It never ceases to amaze me how some tenants want landlords to accommodate them with champagne on a beer budget.
Bird poo is very corrosive on paint work. You want to allow her to wash the car or do want to have it resprayed? ;)
Personally, if she is getting a lot of crap on her car regularly, then she does have a valid complaint, no one wants to be seen in a car covered in bird poo, let alone drive it. I wonder if you couldn't find a car frame for that spot as they only cost $200 from Harbor Freight.
I need to make sure it's a legit complaint first. While the unit was vacant and I did some reno work, I was there in September, October for 2-3 weeks every day and parked in that spot myself during the day and didn't notice any bird poop. She moved in end of October and no complaint until now...so it is possible the birds thing is seasonal? They mate and nest in April? I don't know much about bird habits.
I am not sure a car frame is a good option given my location. I would have to take it down every time there is hurricane watch and put it back up after.
@Sam Leon that's a tough call. @James DeRoest has a good idea on the car frame but I just wonder if you did that will the other tenants then want one. :/ if she is receiving a ton of poop I doubt any other tenants will want to switch. What if a tarp-like material was draped from the tree as an overhang over the car spot. But then that would mean periodically taking it down to clean or replace and that's more of an effort. Sorry as I as ruling that one the pro was over taken by the con. :|
How many spots are we talking about at the property? All spots car frame?!?
I don't think I want to put up six car frames side by side and deal with tenants accidentally hit one pole pulling in and backing out, or having to take them down every hurricane watch or for cleaning. I haven't even looked at whether this is allowed in our city and even if city allows I highly doubt our historical preservation society would approve...last year the house across from my rental got into a legal mess with the HPS on the window trim color...ugh...
In this property I have six spots.
Last tenant parked in that spot didn't complain.
I was in that spot for a couple of weeks last October and didn't notice and I notice everything. But it could be the birds didn't settle until recently.
There is nothing to scare birds away?
@Sam Leon The fact that she would be okay with you letting her wash her car there, says to me that she doesn't mind the spot that bad. She could drive through a car wash somewhere else. Or, she could buy a cover for her car. But, she made it clear she's willing to wash her car. She just wants you to pay for the water. Wrong.
So, in this case, I'd give her the happy clause. I'm sorry, I can't accommodate you, but I understand that you might not want to continue living here. I'll be glad to let you out of your lease with just 30 days notice. Then, give her that offer in writing, in an email at least, and include in it the options she gave you.
If she tries to sue you for damage to her car, you just whip out the written offer to let her move out with just 30 days notice. The judge will then say, why didn't you just move then? Or go wash your car, since you were obviously willing to wash your own car?
And I would not agree to let her switch spaces with someone. That will just involve you in their drama, agreement, yatta yatta, and create a new precedent that will be a pain in your rear.
People who agree to rent somewhere without covered parking, live with poop and leaves and tree drippings. If she wants covered parking, or included car washes, she needs to get on Craigslist and look for a different complex.
It never ceases to amaze me how some tenants want landlords to accommodate them with champagne on a beer budget.
Sue, yes the car wash thing is an issue. I don't really want to let her wash her car and that certainly would encourage other tenants to wash theirs. Besides that doesn't solve the fundamental issue. I need to see first hand how bad it is first, it could be she is very particular and it's not as big a deal as she claims in that case I would let her decide to stay or leave. If the problem is really bad, I would be willing to say consider a "car wash allowance" of say $10 a week which translates to say $40 a month of rent reduction...to me is easier than a car frame or self car washing.
Speaking of particular tenants, I once had one who complained that her cell reception while inside is 2 bars instead of 4 bars as if this is something I have any control over. I have since ask every applicant to check cell reception level LOL.
It's not your duty to do seasonal bird poop patrol.
You can't be sued by her successfully for negligence, because why on earth would it be your legal duty to be sure no birds ever sit in the tree above her space and let loose?
Here's what's needed to prove a case of negligence:
The Four Basic Elements of Negligence
So, what was your duty as her landlord? To be sure her car never has poop on it? To provide outdoor parking that never results in dirty vehicles? And you breached this duty, how? By not sitting outside and scaring all birds away?
And if the poop on her car caused damage, would that be a result of you not scaring away all the birds that you had a duty to scare away? And she'd have to prove that any damage done to her car because of bird poop was directly the result of you breaking your duty to keep it from happening - When she could have avoided the damage altogether by simply washing her car?
Landlords don't have a duty to control birds. Don't let this tenant bully you.
Actually, it would be pretty hilarious to watch the judge if she took you to court, wouldn't it :-)
I would not even give her a car washing allowance. Who knows what she'll want next. And what if she brags to the other tenants about how she's now getting you to wash her car?
This is indeed a very serious issue. First thing I would do is hire an avian psychologist to see why the birds feel the need to poo on her car. Perhaps they think she doesn't like birds or saw her come home with a bucket of KFC. Next, a call to the Audubon society to see if they can possibly relocate the birds to another tree. If that doesn't work swing by Walmart and pick up a big red bow, a bucket, a sponge, and a bottle of Turtle Wax. I must say that I am shocked, shocked that there are birds in Florida that may poop on cars.
Seriously though, I think @Account Closed has the right idea. This person sounds like a troublemaker to me. Someone who has a need to complain about something. If you're lucky she'll take you up on your offer to leave.
Sue, I'd argue that this was a fit for purpose issue.
If a designated parking space results in damage, and the landlord refuses a perfectly reasonable request for water to wash the car, then the parking space which causes damage to the bodywork is unfit for its purpose.
Why not just let the tenant wash their car and be done with it? Why does everyone need to be an *** about these things?
Crappy situation. Sorry, could not resist. If you can't evict the birds, I'd recommend allowing the washing for that unit.
We all know the hassles and costs associated with tenant turnover, and I would do what I could to avoid that situation.
If she has been a decent tenant so far, perhaps consider buying a life-size plastic owl and place it in the tree. They run about $10-30, and most home improvement stores carry them. It's a lot cheaper than a car canopy and shows the tenant you value them.
Or you might consider having the tenant buy the owl and in return, you install it.
@Account Closed well said!
agree with @Steven S., do what you can, show that you you are making an attempt to resolve the problem, this will help if you are sued too. one of the problems in this situation that i think is being overlooked is that she was Assigned this spot by the owner, she has no choice but to park there, so some attempt at removal of the problem should be shown and will help with the tenant but explain to them too that the town will not let you remove the tree. but i wouldn't go all out for the tenant, remember she did rent this place knowing she would be parking outside too ( just not under the tree maybe ) I suggest you reveal that to the next tenant that moves into that spot and have them sign something knowing where they are parking.
@Todd Plambeck, that was funny
Is there non-assigned parking she can utilize? I would follow @Steven S.'s advice with the plastic owl and provide her a letter that lets her know you have put the owl there, there are no empty spots to assign her, and that she is free to use the non-assigned parking. If that's not good enough I think @Account Closed is spot on. Give your problem tenant a way out. She will either get over it, or move on. Neither of those involve bothering you constantly :)
I have spoken with the tenant and asked her to call me when her car is soiled with bird poop so I can drive over (20 minutes) to have a look. I need to know whether it's two spots on the windshield in one day or if it's littered all over. I am still a bit perplexed why I didn't get bird poop on my car when I had it vacant for weeks while I worked on it.
As for washing cars, sure I can allow that. I am not fond of allowing one tenant to wash cars using water I pay for, if I do allow that then I need to allow all four tenants to do so.
Regarding the plastic owl as a deterrent. It is a pretty big tree probably about 45' tall and one owl won't make a difference.
In addition, I am fairly certain these plastic owls don't work because it was two weeks ago while I was rehabbing another property that has one of these plastic owls on the roof, I took it down and put it on a pole outside one window...and one morning while having coffee I saw a pair of bluejays in the yard looking for food and they took turns resting on the owl's head.
I have a feeling they ain't scare of no plastic owls.
A bobble head Bird ! nice
Sue, I'd argue that this was a fit for purpose issue.
If a designated parking space results in damage, and the landlord refuses a perfectly reasonable request for water to wash the car, then the parking space which causes damage to the bodywork is unfit for its purpose.
Why not just let the tenant wash their car and be done with it? Why does everyone need to be an *** about these things?
Well, where does it end? Where I live right now, my truck is covered with yellow pollen in my outdoor parking area. Is my landlord responsible for removing the annoying yellow pollen from my truck?
What this reminds me of is a tenant that I rented to. While looking at the unit, which had the biggest walk-in closet you've ever seen, which was put in place during WWII, she thought that a 2 foot section that did not have a closet pole in it was weird and asked if we would put a closet pole in that 2 foot section.
Now, this closet was about 6 feet long, with closet poles on both sides, but one side was 2 feet shorter, so someone could put boxes or whatever there.
I said, no, that space had been like that since about 1945, and since it's the size of a bedroom basically, it's not going to be changed.
Well, she talked to the owner, who was a pushover, and he told her he'd put in a pole for her. I said, do this at your own peril, because it will be one thing after another.
Sure enough, she next wanted room darkening shades because the street lights outside bothered her. I said, uh, you got to buy your own.
Well, the tenants knew that the owner came every Saturday, and she'd waylay him and ask him for stuff I had already said "no" to. I told the owner, you need to just tell them all they need to talk to me.
He bought her the room darkening curtains! It never ended with her. I'm happy to say, that I retired and he was still stuck with her LOL. But, she also expected me to find out who was smoking when she thought she smelled smoke. Came to my door with the owner one Saturday and stood there with him. I said, well, when you prove who is smoking, I'll kick them out.
Yeesh.
I'm telling you, you can't give an inch to these types of tenants. Think about it. Have you ever had a parking space where birds pooped on your car? Did you call in the cavalry? Expect the world to figure out how to make birds stop pooping in trees?
A large part of landlording is learning how to say "no." This is one of those times when you just have to say "no," and invoke the happy clause, because anyone who starts asserting that their landlord is responsible for birds pooping on their vehicle, will be a continual pain in the butt.
Really. Would anyone here reading this ever in their wildest dreams complain to their landlord about birds pooping on their car? Yeesh.
Maybe offer to buy a car cover for her? ... or, suggest she get one herself, first. I think you can get one that resists soak-thru of fluids. Has the added benefit that blossom petals, leaves, etc. can be removed when the cover is taken off. I don't imagine snow is much of an issue, but holds true there, also.
A bit inconvenient when it's raining, but less injurious to her car's finish than bird / tree droppings.
My $0.02...
David J Dachtera
"Success is not a destination. Failure is not an event. Success is a process, failure is a choice."
- DJ Benedict
Just say no. She can buy a car cover if she wants. I had these tenants that complained that there was someone throwing paint out the barn window on their cars. Well that was impossible because it was locked up so I told them it must be birds or bats flying over. I just told them park differently.
Just say no. She can buy a car cover if she wants. I had these tenants that complained that there was someone throwing paint out the barn window on their cars. Well that was impossible because it was locked up so I told them it must be birds or bats flying over. I just told them park differently.
LOL, paint being thrown out of a barn by leprechauns. I tried to vote on your post but it won't let me. I think I've voted for you too much :-)
Sue, I'd argue that this was a fit for purpose issue.
If a designated parking space results in damage, and the landlord refuses a perfectly reasonable request for water to wash the car, then the parking space which causes damage to the bodywork is unfit for its purpose.
Why not just let the tenant wash their car and be done with it? Why does everyone need to be an *** about these things?
I'd see your point if there were no commercial car washes available to the tenant.
Sue, I'd argue that this was a fit for purpose issue.
If a designated parking space results in damage, and the landlord refuses a perfectly reasonable request for water to wash the car, then the parking space which causes damage to the bodywork is unfit for its purpose.
Why not just let the tenant wash their car and be done with it? Why does everyone need to be an *** about these things?
I'd see your point if there were no commercial car washes available to the tenant.
Why should one tenant be forced to incur greater cost than the others for the same service?
You could easily cure this by having no specified space. Each tenant has access to one spot, and it's all done at random.
remove the tree