How to deny a tenant request for modification to property

Rental Property Investor · Burleson, TX · Member since 2018 · 20 posts · 5 votes

Thanks for any and all feedback you can provide on this one! I had a tenant text me recently requesting for us to paint a part of the walkway that leads up to stairs because its uneven with the parking lot concrete. When I say uneven, its an inch or less higher than the parking lot. The area is located on our property so not a sidewalk. I have never had any other tenants mention this, show concern or get injured. She said her daughter tripped on it and her dad almost tripped on it... we are not planning to do any modifications but I don't know how to tell her no to her request in a way that won't escalate the situation. please advise!

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Bobby Stener

Rental Property Investor · SF Bay Area · Member since 2018 · 49 posts · 54 votes

its such an easy fix and a liability hazard, why wouldn’t you just fix it?

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Nathan GesnerBusiness Member
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Real Estate Broker · Cody, WY · Member since 2010 · 28k+ posts · 41k+ votes
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Theresa HarrisPro Member
Member since 2019 · 15k+ posts · 11k+ votes
7y
If it is trip hazard, you could fix it by mudjacking or grinding down the high part. Sounds like they want a visual reminder of the trip hazard. Why not paint a thin strip on the higher part-maybe an inch thick? It will wear off over time.
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Sara Shinn
OP
Rental Property Investor · Burleson, TX · Member since 2018 · 20 posts · 5 votes
7y
@Nathan Gesner thanks for the feedback! Should I send a formal letter or would email be ok?
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Nathan GesnerBusiness Member
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Real Estate Broker · Cody, WY · Member since 2010 · 28k+ posts · 41k+ votes
7y
@Sara Shinn I think email is appropriate for a denial. If you ever approve a modification, I recommend doing so in writing and having both parties sign it.
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Sara Shinn
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Rental Property Investor · Burleson, TX · Member since 2018 · 20 posts · 5 votes
7y
@Nathan Gesner thank you!
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Thomas S.
Member since 2016 · 13k+ posts · 12k+ votes
7y
When you email to them regarding the tape make it very clear that you do not allow them to paint. Some tenants are dumb as dirt and will interpret your message only as approval to mark the area and will decide to paint. Make it crystal clear..... tape only.
Unfortunatly marking the edge is not going to solve their problem. The problem is not the sidewalk.
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Sara Shinn
OP
Rental Property Investor · Burleson, TX · Member since 2018 · 20 posts · 5 votes
7y
@Theresa Harris thanks! if other tenants bring it up I will offer that. her dad who is the actual tenant is legally blind so he wouldn't be able to see paint or a strip anyway? Forgot to mention that part earlier.
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Bobby Stener
Rental Property Investor · SF Bay Area · Member since 2018 · 49 posts · 54 votes
7y
its such an easy fix and a liability hazard, why wouldn’t you just fix it?
8 Reply
Sara Shinn
OP
Rental Property Investor · Burleson, TX · Member since 2018 · 20 posts · 5 votes
7y
@Bobby Stener I tried to upload a pic because it is hard to imagine how non-problematic it is. that is why I was shocked at the request. its a difference of less than an inch in height that goes from base of stairs to the end of the walkway and is there to assist with rain run off. nothing to fix.
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Scott Mac
Austin, TX · Member since 2019 · 5k+ posts · 5k+ votes
7y
Hi Sara,
Something you might be interested in.
There is a service that will come out and Grind" the edge level with the abutting concrete.
This is frequently done on large acquisitions as a requirement for getting a bank loan.
If you are interested you can search the internet for "Concrete Grinding".
Some of them can also raise sunken slabs back to their original position.
It's done very quickly.
Good Luck!
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Sara Shinn
OP
Rental Property Investor · Burleson, TX · Member since 2018 · 20 posts · 5 votes
7y
@Scott Mac thanks for sharing! good to know
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Jason D.
Rental Property Investor · St. Petersburg, FL · Member since 2017 · 3k+ posts · 4k+ votes
7y
@Sara Shinn you're talking about a $2 fix that could prevent a lawsuit.... paint it yellow, and then when they trip over it, you have documentation that they requested it, and you obliged. Remember, you own this property, and your name and reputation is attached to it.
6 Reply
Sara Shinn
OP
Rental Property Investor · Burleson, TX · Member since 2018 · 20 posts · 5 votes
7y
@Jason D. thanks for the feedback. I am weighing all my options now.
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Michael Ablan
Real Estate Broker · Watertown, NY · Member since 2016 · 1k+ posts · 1k+ votes
7y
@Sara Shinn My approach is to acknowledge their concern, but explain that they agreed to the condition of the unit when we did the walk through inspection. Doing work to a property is not free for me, and it takes my men away from our other projects, and there's a cost for that. If they're willing to pay that cost, then we can do it. Otherwise, we have to deny the request so that our resources are available to be used on tasks like leaking roofs and broken furnaces.
*Edit - I somehow missed the tripping hazard concern. I'd probably just do the repair and silently curse tenants like this. It's just not worth the threat of lawsuit
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Sara Shinn
OP
Rental Property Investor · Burleson, TX · Member since 2018 · 20 posts · 5 votes
7y
@Michael Ablan thank you! Good feedback.
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Thomas S.
Member since 2016 · 13k+ posts · 12k+ votes
7y
S**t maybe you should just hire someone to be there to carry them in and out of the house. Do all you landlords actually cater to ever tiny whim and issue your tenants have. Do you wake up every morning wondering if this is the day you get sued. Do none of you have insurance.
Maybe all steps in and out of the home should be removed as well to prevent trips. I sure hope landlords do not have any thresholds between different flooring levels in their properties or you will have a trip hazard. Hardwood to carpet, trip hazard.
He has described this as a very tiny blip in the side walk, let it go.
Sorry but I really have to laugh at the extent you will go to in operateing your business. I don't know how you sleep at night.
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Ned J.Pro Member
Investor · Manteca, CA · Member since 2017 · 1k+ posts · 2k+ votes
7y
I would have to see it to have a real opinion but based on your info, I would probably get it ground down and move on with my life.
The tenant has brought up a safety concern....a very tiny one.....and sounds like a pretty easy and cheap one to fix..... and in the world of lawsuits that are baseless but expensive to defend and just a hassle to deal with, I'd spend a few $$ to make it go away and move on with my life. The reality is that a tenant brought up a safety concern and any lawyer would have a field day with your refusal to do a simple fix.... that's reality. Not worth making a decision based on the principle of the safety issue being stupid...which it likely is..... we aren't taking big $$ or tenant asking for cosmetic repairs etc.
The safety issue is stupid.....but to me, its worth $100-200 to make the issue go away now and not ever to have to worry about it again
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David Sisson
Architect · Providence, RI · Member since 2016 · 258 posts · 195 votes
7y
I'd let them paint it. In fact, I'd paint it myself, so it's neat and clean. Turns out that small changes in height are very dangerous as trip hazards, because people don't see them.
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Sara Shinn
OP
Rental Property Investor · Burleson, TX · Member since 2018 · 20 posts · 5 votes
7y
@Thomas S. lol! true.. thanks for the input.
@Ned J. agreed.. annoying but reality..
@David Sisson true.. but since its the tenants family and not the actual tenant who has made the request, I am hesitant to open the can of worms if you will.. thanks for your advice though!
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David Sisson
Architect · Providence, RI · Member since 2016 · 258 posts · 195 votes
7y
@Sara Shinn shouldn't be an issue. It's your property.
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Don Gouge
Johnson City, TN · Member since 2017 · 209 posts · 367 votes
7y
Send your attorney a copy of this text and ask what would happen if you decide to do nothing and later someone trips over this area and is injured?
2 Reply
Lee L.
Member since 2018 · 55 posts · 14 votes
7y
You know, being legally blind doesn't always mean that the person can't see at all. You can be legally blind and still have some sight.
1 Reply
Matt M.
Specialist · Easton, PA · Member since 2018 · 1k+ posts · 2k+ votes
7y
@Sara Shinn
Don’t spend $ on an attorney. I agree 100% with @Jason DiClemente
Just fix it yourself, or paint, or something and be done.
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Jason D.
Rental Property Investor · St. Petersburg, FL · Member since 2017 · 3k+ posts · 4k+ votes
7y
@Thomas S. So if the tenant called and said "hey Mr. Landlord, there seems to be some exposed wiring in my apartment that could cause someone to be shocked or start a fire" you would respond by telling them that you signed the lease to take the property as-is, and I shouldnt have to hover over you to keep you from touching the exposed wiring?
While I agree with most of your style, this i disagree with. When it comes to running a business, everything you do is to limit your liability. And in this day and age, with people suing, and winning over spilling hot coffee on themselves, this seems like a hazard that is easily rectified. To not do it and then get sued would make ignoring it a very poor business decision, 8n hindsight.
3 Reply
Mike S.
Investor · Colonial Heights, VA · Member since 2014 · 115 posts · 68 votes
7y
I would fix it and move on. Could keep you out of a courtroom.
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