New tenant is requesting repairs after signing the lease

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New tenant is requesting repairs after signing the lease

Hunter Fitch
Mesa, AZ · Member since 2015 · 74 posts · 47 votes

Just signed a new tenant. She toured the home and then requested an application to rent it. We met with her at the home to sign the lease which was executed. For some context, the home is more of a summer cabin and there are steps into the front of the home and the back of the home. They are not great but the have worked fine for years. After signing the lease she is now complaining that she is too old/handicapped and is having a hard time navigating the stairs. She even mentioned in passing to my wife that she would hate to have to sue us if she fell. She NEVER mentioned having a handicap before signing the lease. She was at the property 2 times before signing the lease. Now she's demanding repairs... I'm fuming about her passive aggressive comment about suing if she falls. My gut reaction is that I should evict her right away but looking for thoughts/guidance from people that know better. Thanks.

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Mary M.
Rental Property Investor · Portland OR · Member since 2018 · 2k+ posts · 3k+ votes
6y

Fix the steps. You admit they aren’t  great.   

19Reply
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  • Karl B.
    Rental Property Investor · Erie, PA · Member since 2015 · 1k+ posts · 2k+ votes
    6y

    I would tell her that the steps didn't change since she first viewed the property. Add that she can find another place to live if she likes. 

    11Reply
  • Nicole Parnell
    Flipper/Rehabber · New Orleans, LA · Member since 2015 · 36 posts · 22 votes
    6y

    @Hunter Fitch I'm not sure if you have any right to evict her based on her statements, but it does seem like she'll try to sue the first chance she gets. I would just make the accommodation she is requesting and won't renew her lease.

    5Reply
  • Mary M.
    Rental Property Investor · Portland OR · Member since 2018 · 2k+ posts · 3k+ votes
    6y

    Fix the steps. You admit they aren’t  great.   

    19Reply
  • Jill F.
    Investor · Akron, OH · Member since 2016 · 2k+ posts · 4k+ votes
    6y

    Time for the 'happy clause.'  Assuming the steps are not an actual safety hazard, I'd tell her that The property was rented in "as-is" condition (your lease should have this clause) and if she is already unhappy, tell her you are willing to let her out of her lease.

    Unless she is disabled, in which case you are required under fair housing to make reasonable accommodations by allowing her to pay for changes to the property (to be approved by you and done in a workman like manner) to accommodate her disability. 

    11Reply
  • Scott Anderson
    Rental Property Investor · AZ · Member since 2018 · 212 posts · 183 votes
    6y

    She can make them safer or handicap friendly on her own through ADA. 

    Isn’t it better to invest in safety than to wait for a lawsuit?

    9Reply
  • Blake Garcia
    Rental Property Investor · Big Sandy, TN · Member since 2013 · 147 posts · 91 votes
    6y

    Definitely keep a record of any text, calls, or statements. 

    i reccomend using pics as move in and out inspection of the entire property. If for some reason a handrail or something does break or an issue arises you can show that it was properly maintained

    3Reply
  • Peter S.
    Attorney · Miami, FL · Member since 2017 · 108 posts · 113 votes
    6y

    FIx them and get them up to code. If someone else falls on the property, your tenant will be the first one to say, "I told the landlord when I first moved in that someone would fall."

    4Reply
  • Theresa HarrisPro Member
    Member since 2019 · 15k+ posts · 11k+ votes
    6y

    I'd also recommend the happy clause.  Tell her she viewed the place twice before signing the lease and if she isn't happy with the house, you are happy to cancel the lease without any penalty and she can find another place.

    2Reply
  • Mary M.
    Rental Property Investor · Portland OR · Member since 2018 · 2k+ posts · 3k+ votes
    6y

    People! This is a person who apparently is elderly and identifies as disabled. Giving advice to the OP that she needs to suck it up or move is a good way to create a situation where the OP may open himself up to getting sued. 

    For petes sake! Fix the steps! 

    7Reply
  • Charles D Cruz
    Pueblo West, CO · Member since 2017 · 69 posts · 53 votes
    6y

    3 things

    1) the property is mine. I keep it nice and well maintained, because its mine. 

    2) don't set the precedence of being pushed around ever. Once a doormat, always a doormat. You have a lease hold them to it; but more importantly hold yourself to it.

    3) rentals or any business if they say lawyer or sue. Every single piece of communication goes through my lawyer.

    4Reply
  • Theresa HarrisPro Member
    Member since 2019 · 15k+ posts · 11k+ votes
    6y
    Originally posted by @Mary M.:

    People! This is a person who apparently is elderly and identifies as disabled. Giving advice to the OP that she needs to suck it up or move is a good way to create a situation where the OP may open himself up to getting sued. 

    For petes sake! Fix the steps! 

     They said the steps aren't great, they didn't say the steps are broken.  'Not great' could mean many things.  The person should have been up front when looking at the place and threatening to sue is also not a good sign.  How you approach things tells a lot about a person.

    3Reply
  • Michael Noto
    Real Estate Agent · Southington, CT · Member since 2008 · 5k+ posts · 3k+ votes
    6y

    She is greasing the skids with that passive aggressive comment and while it is very frustrating at least you know that is the kind of person she is and you can handle all dealings with her accordingly.

    How bad are these steps? I think pictures would help people on here advise you better on how to handle this situation.

    1Reply
  • Willie Cedillo
    Real Estate Agent · San Antonio, TX · Member since 2019 · 33 posts · 6 votes
    6y

    @Hunter Fitch whatever you decide keep records of absolutely everything. Emails, texts and even conversations: write it down with time and date. It’s gotten me out of awkward conversations when you know exact dates and times.

    1Reply
  • Erik W.
    Real Estate Investor · Springfield, MO · Member since 2017 · 1k+ posts · 2k+ votes
    6y

    "she would hate to have to sue us if she fell"

    I would fix the steps today and invoke the happy clause tomorrow.  I keep my properties clean, safe, and functional, and I do not do business with people who threaten me.  If she's on month to month, I would hand her notice of non-renewal now to get her out by the end of April.  If she's on a year lease, I would file eviction every time she pays one day after the grace period ends, or immediately if there is no required grace period.  

    Threats like this use up every ounce of grace I would extend personally as a courtesy, so we would be operating under "the letter of the law" from this day forward.  I would also give her a notice of non-renewal now so it is 100% clear she won't be staying past the one year mark.  People like this tenant need to know that their behavior is unacceptable, and they will be hiring a moving crew every 12 months if they persist in speaking foolishly.

    4Reply
  • Rod HanksBusiness Member
    Insurance Agent · Dallas, TX · Member since 2013 · 743 posts · 462 votes
    6y

    @Hunter Fitch

    I would fix the steps and non renew her lease. She put you on notice about the steps and would have a basis for a suit if you didn’t it fix and she fell.

    Rod Hanks Insurance4.9155 Reviews
    WebsiteView Page
    2Reply
  • Braden C.
    Real Estate Investor · FL · Member since 2011 · 586 posts · 360 votes
    6y

    Like a lot of people have already said, it really depends on what kind of condition the steps are actually in. If there is a safety risk, I would go ahead and get them fixed. Maybe she fell or slipped after a few days of living there and no longer feels safe with the current condition. The lawsuit comment might seem like a threat but if the steps are in fact in bad condition and she's made repeated requests to have them fixed, she's right about having to sue if she gets hurt. 

    If they just look bad and she wants them to look nice and new, then it's a firm no. I had a tenant once who would ask me almost monthly to put down new flooring for him because he didn't like the color of the current tile. Every month it was a firm no, but he kept asking up until the day I sold the place. Some tenants don't understand the difference of being a tenant and being an owner. 

    0Reply
  • Daniel SmythPro Member
    Rental Property Investor · Rockford, IL · Member since 2019 · 471 posts · 342 votes
    6y

    @Hunter Fitch

    Keep your insurance up to date.

    In the last 10 years, I have been on top of the world, just to find out what it means to be disabled. I am bouncing back, but let me tell you. If there is an issue with steps, fix them.

    Steps that are not slippery when wet, and handrails on each side that can withstand 300 lbs of side pressure is the minimum.

    Not sure what I mean? Show your insurance agent these steps. That insurance agent has a vested interest in making sure your insured property is safe.

    It's all about the Money!

    This property needs to be put in a trust.

    This way, your liability is limited to what insurance you have. Talk to your financial/tax planner also.

    As well, a common phrase in the building trades, is "pay me now or pay me later".

    Buy the insurance. Do the proper maintenance, no matter if it has been done for the last tenant.

    The last tenant will not be collecting the insurance money!

    There is a time to be firm, and a time to protect your assETS. Choose well.

    Message me directly if you would like to know what I would do with what you have.

    Right NOW, you need to check your liability insurance.

    [email protected]
    0Reply
  • Daniel SmythPro Member
    Rental Property Investor · Rockford, IL · Member since 2019 · 471 posts · 342 votes
    6y

    @Scott Anderson

    A tenant can make no changes.

    The signed agreement states the rules.

    Guess who wins if the old lady falls and is hospitalized for the rest of her life?

    Put that cost against proper stairs. Remember that a jury decides negligent damages.

    [email protected]
    2Reply
  • Daniel SmythPro Member
    Rental Property Investor · Rockford, IL · Member since 2019 · 471 posts · 342 votes
    6y

    @Charles D Cruz

    This is why the jury will award punitive damages.

    Put your head in the sand, but be sure your insurance is paid up.

    [email protected]
    0Reply
  • Scott Anderson
    Rental Property Investor · AZ · Member since 2018 · 212 posts · 183 votes
    6y
    Originally posted by @Daniel Smyth:

    @Scott Anderson

    A tenant can make no changes.

    The signed agreement states the rules.

    Guess who wins if the old lady falls and is hospitalized for the rest of her life?

    Put that cost against proper stairs. Remember that a jury decides negligent damages.

    Federal law trumps lease rules.  

    0Reply
  • Mark H. Porter
    Investor · SC NC, VA · Member since 2020 · 1k+ posts · 756 votes
    6y

    I'm not sure about where you are but we have reasonable accommodations clause here in VT.  You don't need to create the disability accommodations but you need to be reasonable with the requester  (e.g. she builds them she has to return to the original condition).

    Local fire codes will also tell you if the stairs are within boundaries (usually 4-7" on the rise and 11" on the run).  Railings also have codes such as spindles no more than 4" apart so little ones couldn't catch their heads.  Those are Vermont, maybe yours are different.

    Seriously, this is all a game.  If the stairs are not to code then make them so.  If they are to code then there is nothing that can be done since you can't build them outside that law.

    1Reply
  • Sean McKennaPro Member
    Flipper/Rehabber · Goffstown, NH · Member since 2019 · 80 posts · 59 votes
    6y

    @Hunter Fitch

    I think we need pictures or a better description of the stairs and her complaint about what is actually wrong.

    If there is something wrong other than cosmetic then fix the stairs. Loose or broken treads will get you sued for negligence. Be sure the stairs don’t look neglected.

    0Reply
  • E.S. Burrell
    Rental Property Investor · MI · Member since 2019 · 192 posts · 205 votes
    6y

    @Erik Whiting

    Well said!

    0Reply
  • Ray R.
    Property Manager · Riverside, CA · Member since 2020 · 107 posts · 65 votes
    6y

    @Hunter Fitch

    Have your insurance company look at the steps. We had to add a handrail to a property we bought due to feedback from the insurance company, for stairs that had none. 

    And advice on the thread of document every communication. If you can afford it, have every communication go through your lawyer. 

    Find out what the laws are in your area for stairs, along with the relevant codes.

    And find out what your tenant wants, if it's a cheap repair, just do it.

    And when their lease expires, give notice if it makes sense financially. You don't need a headache client, life is too short.

    Lawsuits are so expensive...

    0Reply
  • E.S. Burrell
    Rental Property Investor · MI · Member since 2019 · 192 posts · 205 votes
    6y

    @Hunter Fitch

    First, I would be livid! Then after I have calmed down, I would contact my insurance company, lawyer, take a 1000 pictures, fix the stairs, take a 1000 more pics and not renew the lease. She is going to have you on edge until her lease terminates. This is not the end. She has more up her sleeve. This is her M.O. Did you get a chance to talk to her previous landlords/references ?

    1Reply
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