Rental Property Investor · Sacramento, CA · Member since 2011 · 2k+ posts · 1k+ votes
Got a call from a tenant telling me that a blade on her ceiling fan flew off and almost hit her. I apologized but went silent when she said she wanted to be compensated for the mishap. I told her we would talk about it later.
I am willing to replace the fan with a new one but I don't feel good about paying a penalty for injuries that didn't happen. What should I do? Pay a little to make the issue go away or find a lease loophole.
I really don't want tenant to stay - but I want to be fair.
Definitely don't pay her anything. If you do, she might see it as a potential way to get money from you in the future.
Just tell her since the fan blade almost hit her that you decided to almost pay her.
Seriously though, she's probably just seeing what she can get out of you. I think a new fan is a fair way to resolve the issue and the most I would do for her if she were my tenant.
I think this was just an accident. Sometimes we should be peaceful to our clients, tenants and all other people around us. We should not create a mess on these little things.
I think this was just an accident. Sometimes we should be peaceful to our clients, tenants and all other people around us. We should not create a mess on these little things.
The tenant created trouble even though a fan breaking is just a normal part of life. The tenant flipped out, and harassed the landlord OP with profanity and false accusations about him being interested in her minor child. No tenant should respond like that to something the landlord had no control over (a fan breaking), then harass and accuse this OP to boot. This tenant is trouble.
When I was a tenant, all sorts of things broke in the properties I lived in. This tenant's reactions are completely crazy and off the deep end. The tenant never should have created a mess like this, accused, harassed, or done any of this craziness... that's for sure. The OP really needs to be careful with this whacko.
When I talk to tenants, I let them know upfront that sometimes things break. It's a fact of life. It would be unrealistic to think that nothing will ever break. They need to let me know when things break and we'll get it worked out.
Al Williamson It is not flinching or failing to lead to hire out the repair, it is prudent. Especially with her accusing you about interest in her child. I agree with others that you should not go anywhere near that place. While having your wife with you is MUCH better than going alone, she is YOUR wife. If this goes legal, that is not the best cover.
A contractor/handyman is the most prudent. INFORM the contractor about this accusation. You may have to shop around for one willing to do it, but make sure they have a witness of their own. The tenant dug you a hole, don't make it deeper for yourself (playing into her hand). ESPECIALLY with the child accusation. That is not a civil/money thing. That is handcuffs and jail time and sex offender registry stuff. It is NOT worth it to expose yourself to that type of accusation. That accusation is FAR outside normal landlording risks and is a CRIMINAL accusation. With that type of accusation you are guilty until proven innocent.
Regarding light fixture vs fan, are there any other fans in the property? Replacing only one is good, but leaves her to repeat the action? I'd have the contractor review ALL fans while there. I love the ideas of documenting with pictures. Also, I'd spring for a full home safety inspection from a licensed person. "out of an abundance of caution....." as the lawyers would say......
Bill B. thank you for your wise words. For background, this problem tenant is one unit in my 8 unit complex. It is not a SFH, I have to access the property for plenty of other reasons.
I've had this tenant for 3 months now, where as I've been extremely active on my block for over 12 years. Nearly everyone in this area knows me well including the police chief and Mayor (who I worked with 3 years). I've volunteered at the local preschool, local elementary school, and high school for years. I’ve already been background checked. My other tenants with similar aged children have no issue with me.
Whereas this tenant has made public displays of craziness in front of neighbors. She may have bi-polar issues. She is much calmer now that my wife has taking over as her point of contact and we've restricted the topics of discussion to clauses in the lease agreement that I wrote.
I'm willing to video record and post the entire repair on Youtube if needed but I won't have a crazy person dictate my actions. I've posted a 24 hour notice of entry and my wife knows how to give a preamble of recording and use her video phone.
I don't anticipate a problems, but I have to control the frame of how things will proceed. They will proceed as I dictated in the lease she signed and not by her manipulations. Her other option is to move out and have me garnish her income if she isn't current on rent + legal fees.
Al Williamson - you missed the lesson about your rental prep checklist - it's missing something about making certain that things are screwed in securely. Especially fan blades and light fixtures that hang from the ceiling :) And probably smoke detectors that are on the ceiling too.
You don't ever know what sort of malice or mischief a previous tenant may have been up to, so it's your job to make sure there is nothing that's going to fall on a tenant's head!
old thread. @Al Williamson what ever came of your relationship with this tenant? Did you tell her to pound salt? Is she still renting from you?
@James Vermillion did you ever watch that McDonald's documentary on netflix? It's actually really interesting and after I've seen it I feel bad for how the "victim" has been portrayed. I myself have made comments about her prior to seeing it and the documentory totally changed my mind.
I would tell/write her you will be removing or replacing the fan immediately.
Who knows, she could be tampering and waiting for the next blade to smack her. The amount of future liabilty is up to you. This might train her not to bother you with such nonsense again.
We ended up making repairs and asking the tenant to move out. She suffered from abuse and has some work to do on her mental health. She moved shortly after this episode to everyone's relief. My wife help her move.