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.
Thanks everyone for the feedback. For clarity, the stairs are not in disrepair, but the first "step" is from dirt to the first rung on the stairs which is a few inches more than standard height. I'm more irritated that she did not tell us of her condition - nor did she ever have a walker or a cane or anything that would cause concern when we met with her... otherwise I would have asked if it was going to be an issue. Anyways, we've decided to have the stairs "repaired" as to avoid any legal issues moving forward, with her or future tenants.
I would fix the steps right away. Then I would verify with the tenant if she is requesting anything additional to be done to the steps. It may be a reasonable accommodation being requested.
Offer to let her out of the lease. It sounds like you bought a lawsuit with this tenant and she is letting you know it. Call your attorney, and start making a record of these complaints and communications from her. Copy your lawyer on each communication and let her know that you will only communicate with her via email and that you are copying your attorney on each email.
If you admit the stairs are not great, then just make the repairs. It seems like you will have to do it eventually anyways. Save yourself, time, money and a headache and fix the stairs. If she does fall, you want to make sure that you have done your due diligence to make the home as safe as possible for her to live in. If she has submitted it in writing and you are ignoring her because you think they're "fine" that could open you up to liability.
If she is realizing that she cannot physically do the stairs and they are structurally sound, then offer to let her out of her lease, but if the stairs are truly unsafe then FIX THEM!
Having a rental home is a business. Treat it as such and put your feelings to the side and do what is best. Being petty does not make you a good Landlord.
If she is a handful, let her lease run out and do not renew her.
Fix the steps, but don't let the tenant take advantage of you either. Make sure you have landlord insurance that covers any accidents. That's why I always do month to month leases because long-term leases only lock up the landlords. Bad tenants won't get locked anyways. They can pack up and leave in the middle of the night.
@Hunter Fitch Doesn't really matter what she says. Just make sure 1) the property is within ADA compliance and 2) you have it under an LLC for liability control and personal asset protection.
You should be very careful. If she is disabled or claims to be disabled in my state you must make accommodations for any disability, in my state the tenant has to pay for the change but I can’t refuse it if there is a disability.
I don’t know what the issue is but if there is a legitimate concern like loose steps or missing handrails then get it fixed ASAP.
Hopefully she won’t be a complainer but if she continues asking for repairs that are not related to possibly being disabled then maybe try the happy clause but do not let anything be construed as refusing something for a disability. Fair housing laws should be taken very seriously.
@Hunter Fitch if the repairs aren't a big deal ($) maybe it's something that should be addressed. On her " passive aggresive"comment, call her out. Let her know you dont appreciate that and you wont be threatened. And like someone else said give her an option to exit the lease. Finally
Remember why you got into this line of buisness, maybe that will set things into perspective for you and lead you to make the right choice for yourself. God bless.
Whoa there all you Sally Sensitive's in this thread. (LOL)
I disagree with all the people that suggest this is a problem tenant that must be gotten rid of ASAP - a bit premature for that conclusion IMO.
It could be the new tenant is attempting to be helpful by pointing out there are faulty stairs, and if she ends up getting hurt because of that, the likely result is a lawsuit from her to the landlords, which in fact it is.
As far as her requesting repairs, so what? Since when are tenants forbidden from making repair requests?
Frankly I don't understand why the OP is getting so upset when their tenant has alerted them of a potential safety hazard. I encourage and thank my tenants for doing that. If right away is not the right timing, then when is??? I would view the comment about being sued a helpful matter of fact, not a greedy threat, for starters.
If it's broke, fix it. If not, leave it alone. Safety ought to be our number one priority when it comes to where we spend repair dollars, IMO.
I say fix the property if necessary and wait to make a judgement on the tenant after they have been given a chance to show their colors.
In my opinion, It’s the mere fact....”She even mentioned in passing to my wife that she would hate to have to sue us if she fell.” Why even go there without giving the LL the chance to look at the problem and fix it. The word “sue” can get anyone stressed and on edge. That statement was unnecessary.
Steps need to be 100% up to code and absolutely safe. If there is an issue with either of those fix it immediately. Instruct the tenant than that because she has threatened a lawsuit your insurance company now requires ALL communication regarding THIS issue to now travel through your lawyer at _____@ legalplace .com and that she can continue to use your online form provided for other non-emergency maintenance requests.
Something along the lines of “I have scheduled my contractor and insurance representative to meet on site and determine if there are any issues requiring remedy. Because you have indicated the possibility of a lawsuit exists my insurance company now requires all communication regarding this issue to travel through my lawyer at _____. You can continue to submit maintenance requests for all other issues through the online form that has been provided to you. I appreciate your close attention to maintaining safety of the property and will advise you of the decision made by my insurance and contractor regarding appropriate measures. Sincerely, ____.”