Tenant not allowing to do repair damage caused by water leak

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Tenant not allowing to do repair damage caused by water leak

Shan K.
San Diego, CA · Member since 2016 · 54 posts · 11 votes
A month ago we had a pinhole water leak in the rental unit . We got it fixed same day. Water damage restoration company removed some drywall and flooring . They did complete dry out and sanitized the area .They covered the area with plastic with zipper access. Formal dining area and along with small part of kitchen is impacted . Now we have very unhappy tenants. They are complaining about mold. Sent out mold company they told that impacted area is dry there is no visual sign of mold. They recommendations air quality inspection to protect us . Tenant now want us air quality inspection, before they can allow any repairs . Tenants do not have renters insurance offered various concessions like half months rent , half months electricity bill and water bill reimbursement etc . We also offered them to terminate the lease if they like to move out . Tenants are trying to mix up past issues with water leak issue. It has been over month now and we can't send contractors to bid or fix up the drywall and flooring . We have given 24 hours and try to get access to the property . Tenant sent an email specifying a certain sequence things need be done before allowing repairs. What should be our next step. Tenants are trying frame us for potential law suite? Is it time to get a real estate attorney ? Has anyone used a good real estate attorney in San Diego area ?
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Justin R.
Developer · San Diego, CA · Member since 2015 · 1k+ posts · 1k+ votes
10y

@Shan K. Eek.  What a headache.

Hard to say what I'd do without specifics on the past issues, your lease clauses, how fairly the tenant has been treated in the past, and whether the tenant is acting with logic or is just trying to be obstructionist.

Based on my lease, I would focus very narrowly on the problem at hand.  I would:

1. Acknowledge their email.  Offer to meet with them to understand their concerns (even if you already know them).

2. Notify the tenant in writing that I'll be entering the unit with a contractor at a specified time to address the damaged area (the lease explicitly allows this).

3. Show up and go in.  If they don't allow you in, don't go in.  Follow up with a written letter.

4. Repeat #2 and #3 until their lease is up or you have a breakthrough with #1.  In other words, I'd be sure I'm addressing their emotional needs while I move forward with my landlord responsibilities.  Such is the job description.

Obviously they can sue you for anything, but they need to have some sort of a case - you hired professional people to dry it out the same day, removed impacted materials, and will have documented atempts to complete the repair.  Hard to argue with that.

As to actual possibility for mold, San Diego's dry climate is a friend there - not scientific, but I've had a couple of issues needing dry out and it's always been faster and simpler than I read from folks in other areas.

Good luck!

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  • Yvette M.
    Reno, NV · Member since 2016 · 328 posts · 97 votes
    10y

    Sorry you are going through this, I had the same problem with a tenant.

    Try contacting: 

    Rachael Callahan, Esq, San Diego Evictions

    www.sandiegoevictions.com

    0Reply
  • Joel OwensBusiness Member
    Moderator
    Real Estate Broker · Canton, GA · Member since 2010 · 15k+ posts · 11k+ votes
    10y

    Are they paying the rent? Yes or No

    You might want to consult a local eviction attorney that also deals with real estate litigation. A consult might be 300 or so etc.

    You want to heat from the attorneys experience how these things tend to play out locally and options.

    No legal advice given. 

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  • Justin R.
    Developer · San Diego, CA · Member since 2015 · 1k+ posts · 1k+ votes
    10y

    @Shan K. Eek.  What a headache.

    Hard to say what I'd do without specifics on the past issues, your lease clauses, how fairly the tenant has been treated in the past, and whether the tenant is acting with logic or is just trying to be obstructionist.

    Based on my lease, I would focus very narrowly on the problem at hand.  I would:

    1. Acknowledge their email.  Offer to meet with them to understand their concerns (even if you already know them).

    2. Notify the tenant in writing that I'll be entering the unit with a contractor at a specified time to address the damaged area (the lease explicitly allows this).

    3. Show up and go in.  If they don't allow you in, don't go in.  Follow up with a written letter.

    4. Repeat #2 and #3 until their lease is up or you have a breakthrough with #1.  In other words, I'd be sure I'm addressing their emotional needs while I move forward with my landlord responsibilities.  Such is the job description.

    Obviously they can sue you for anything, but they need to have some sort of a case - you hired professional people to dry it out the same day, removed impacted materials, and will have documented atempts to complete the repair.  Hard to argue with that.

    As to actual possibility for mold, San Diego's dry climate is a friend there - not scientific, but I've had a couple of issues needing dry out and it's always been faster and simpler than I read from folks in other areas.

    Good luck!

    2Reply
  • Dan H.Pro Member
    Investor · Poway, CA · Member since 2015 · 7k+ posts · 8k+ votes
    10y

    I virtually always agree with @Justin R. but not completely this time. My lease like Justin's allows me to enter property for repairs with proper notice.  If tenant is not allowing the repairs against the lease I would start the eviction process. They either provide access per lease or they get evicted. Stating this is what I would do but fortunately I have never had to do this.  

    I do not think therapist is part of my job as landlord but I currently have a tenant that seems by-polar. When I talk with her and especially her husband they seem normal but the complaints I get via text are elaborate and mostly trivial items that sometimes are not in our control such as kids playing ball.  Partner had email all typed up pointing out if they are unhappy they can move with one month notice but she did not send it. 

    So I talk tough but I have a tenant that is being a pain in *** and I have not done anything but she has not been breaking the lease; unfortunately nothing in the lease prohibits her from being a pain in the ***. 

    Good luck

    1Reply
  • Max T.
    Investor · Philadelphia, PA · Member since 2015 · 3k+ posts · 3k+ votes
    10y

    Just do the repairs! It is your place, you have keys, and you have given proper notice. You don't need their permission.

    1Reply
  • Bryan O.
    Specialist · Lakewood, CO · Member since 2014 · 1k+ posts · 1k+ votes
    10y

    @Shan K. Follow your lease! It says you can access with a 24 hour notice, so access with 24 hour notice. Let them know that they are not required to be present and that you will be with the contractors. You are the landlord and you have a valid lease. Get your asset back up to standard.

    1Reply
  • Michael Henry
    Real Estate Consultant · Brookfield, WI · Member since 2014 · 873 posts · 350 votes
    10y

    Shan,

    Reaching out to a local lawyer skilled in this area never hurts. I would hope and assume you have in the lease that you may enter with proper/adequate notice if they continue to outright prevent you from making repairs an eviction maybe in order see the former point.

    Thanks,

    MH

    0Reply
  • Ryan Dossey
    Real Estate Broker · Indianapolis, IN · Member since 2014 · 3k+ posts · 2k+ votes
    10y

    Pretty sure they'd be getting served a notice of eviction for not abiding by the terms of the lease... 

    They're not in charge. I would not abide by their demands or they're going to use the same practice next time. They need some "behavior modification" and a threat of formal eviction may do just the trick. 

    0Reply
  • Justin R.
    Developer · San Diego, CA · Member since 2015 · 1k+ posts · 1k+ votes
    10y

    @Dan H. Curious how you'd expect this to play out.  Here's how I'd see it happening:

    The last thing I want is a contested eviction where the tenant has some grounds to argue - in this case, I would expect they could (would? should?) argue the eviction is retaliatory.  I imagine this conversation:

    Judge: "Tenant, why haven't you granted access to the landlord to repair the walls?"

    Tenant: "Beginning 5 days after the water damage, my kid started coughing and my husband started getting unexplained itchy spots on his skin.  We're afraid the landlord is trying to cover up the problem - all we're asking for is an air quality test to make sure the house is safe for my kids.  The landlord even had a professional come out who suggested an air quality test."

    Judge: "Landlord, did the professional recommend getting an air quality test?"

    Landlord: "Yes"

    Judge: "Did you do it?"

    Landlord: "No"

    So, what's the outcome?  Roll the dice: either the tenant capitulates without contesting the eviction or the OP is forced to deal with the eviction AND run the air test and fix the place.  If my property and income stream isn't at risk, I'd rather maintain the status quo and let them leave peacefully when the time is up than risk a fight.  You'd still approach it aggressively, @Dan Heuschele?

    I've had to deal with plenty of challenging situations, but never had to evict ... so take my comments for what they're worth. 

    0Reply
  • Dan H.Pro Member
    Investor · Poway, CA · Member since 2015 · 7k+ posts · 8k+ votes
    10y

    @Justin R. I have only had a few challenging tenants but I would not tolerate not allowing me and my contractors access to the property to complete repairs.  I also think it starts a poor precedent on who is in control.

    However, at the same time as I finish repairs I would also have the air quality checked.  If a problem is found with the air quality it is in everyone's best interest to address the issue.  If it goes to a judge I can say the air was tested and if there was a problem it was addressed (CYA).  I do not want to be responsible for the tenants to get ill.

    I state I would take a hard stand but we (my partners and I) are typically softies on many things (raising rent, occasional late payment with advanced notice, request for a service animal where we indicated no animals, etc.).  Examples: We have in our lease the requirement to have renters insurance but we do not check it.  We had a foundation leak that affected 2 units and neither tenant had the required renters insurance.  We let them stay in the units while repairs were being done and discounted their rent for the inconvenience.  Of course if they had the required renters insurance they could have stayed elsewhere paid by the renters insurance.  We did send out a letter afterwards to all of our tenants reminding them that we require renters insurance. This is just one instance, so I may talk tougher than I am (or at least I talk tougher than my partner is) :=).  We also just had yet another surprise request for a service dog (but they have been very good tenants) on a unit that we do not allow animals that we may provide OK for the dog (it has a shared yard so we need to check with other tenants first and if OK with them then we will allow the dog realizing that next tenants into unit without service animal may not be too keen on animal using the shared yard making it harder for us to rent).  If we were smart, not soft landlords we would simply say no to the request for dog on grounds that the unit is not set up to accommodate a dog in large part due to the shared yard that is to be for use by everyone (who wants to play on grass that dog just did its business even if "cleaned" up?).  We are probably too soft.

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