All Forum Posts by: Alison Brenner

Quote from @Cathy B.:

Quote from @Alison Brenner:

3) Replace all detectors - battery operated is preferable, IMO. Charge the cost of installation and materials to the residents.

Careful.  For newer construction, code requires hard wired smoke detectors in most jurisdictions.  Going backwards would be a code violation if they are already hard wired.  FYI.

That's interesting. I had no clue. In Cali, we have a 10 year battery requirement for battery-powered and have to specify in our lease whether the device is battery-powered or hard-wired. Most of my PM friends recommend battery-powered. Very useful nugget of info. Thank you!

In addition to Bill's advice:
1) Check the lease terms. Make sure that there's something about tenants removing the smoke/CO detector.
2) Serve a 3 day cure notice stating that tenants are in violation of lease agreement by removing the detectors.
3) Replace all detectors - battery operated is preferable, IMO. Charge the cost of installation and materials to the residents.
4) Let them know that this is a violation of the lease agreement and state law, as well as a safety concern. In the future, failure to comply with the signed lease agreement will result in termination of their lease agreement.
5) Document everything.

What kind of debt? Student loans? Medical? Some prop managers view student loans differently than CC debt, for example.
What's their current monthly rent? If it's within ballpark of your asking, that's reassuring. If they will be going from $1500 to $3200...that's worth a pause for thought.

@Chris Seveney

Thanks so much, Chris. I spoke with the attorney. He thinks that the subcontractor cannot place a lien on the property without sending a notice prior to beginning work.

Quote from @Chris Seveney:

@Alison Brenner

My agreements always require lien waivers (interim and final) as a condition of payment.

I would withhold payment and put in writing why. That way if he files a lien you have an easy defense.

Thank you so much, Chris! So, I do have some recourse. I am a new owner and a maintenance moron. I am concerned about a mechanic's lien. Should I have my attorney rattle off something in writing? Is a letter from me sufficient? Certified mail?

Thank you. I am with you on the meeting arrangement if I can get that far. The point of contention is that the roofer doesn't want to provide lien waivers for the subcontractor. I don't what to think. This roofer has an excellent reputation.

I just replaced three roofs - over $90K total. All payments have been made except for final payment for the third replacement ($20K is owed). The roofing company provided lien waivers for the two replacements that have been paid in full. However, they denied my request to provide lien waivers for the subcontractors, stating, "it's not something we do." The contract states that lien waivers will be provided upon receipt of final payment.

When I first hired the roofing company, I was told that they don't use subcontractors. When things started to go wrong with the first roof on day 1, the roofer blamed the "tear-off crew." That's how I learned that they do use subcontractors, which was confirmed by sales rep/account manager. I know nothing about the tear off crew and have no way of contacting them to confirm payment.

This has not been a positive experience for numerous reasons. Unfortunately, I had an insurance underwriter breathing down my neck and had to replace the three roofs within four weeks or risk losing my coverage. I would love to pay the roofers and move on with my life. I am concerned that I will lose leverage once the company is paid in full. 

Any advice on how to proceed would be very much appreciated. Thank you.

@Ryan Legat

This is actually something I've considered at length and would love to know your thoughts. I do pay for repairs (mostly plumbing) that are due to tenant negligence. I resent it and wish I didn't but here's the logic. I'd rather know about and pay to repair the garbage disposal that is clogged and leaking (one example). My lease holds residents responsible for proper care and maintenance. It specifically states that residents are responsible for plumbing clogs due to sticking things the drain. But, I fear that if I start charging residents, I won't learn about maintenance issues until more damage is done. I feel like it's taken 18-months to train residents not be afraid to report issues. I do have 1962 Class C buildings in Cali and only use licensed vendors for plumbing and electrical. Is there way to find a balance and put responsibility on the residents? Or am I kinda stuck because of what I own and where I own it?

I have a different theory. I think kids are hanging on the oven door handle and over time...
At the end of the day, it doesn't matter what we think happened. You need a vendor to confirm in writing that this isn't normal wear and tear. If your appliance repair vendor provides the documentation, I think it's perfectly reasonable to charge the residents.

In addition to the wonderful advice above, you might consider a 30 day notice changing the lease terms to a non-smoking building (of course, always check local and state laws). If they want to play nice, great! If they don't, you need a legal basis for the eviction. Since smoking is permitted, you don't have one. First, serve a 30 day and wait 30 days. Then, you can start serving notices to cure and proceed with the eviction if necessary.