How to Avoid Tenant Landlord Disputes
Landlords must provide a habitable environment.
Local building codes, health and fire departments will provide minimum requirements. They generally include the following:
1. Heat. Sometimes measured as BTU output per square foot. Sometimes heat and air vendors can do the calculation for you if there has been a complaint to the local rent board.
2. Running Water: Clear running water and no leaks that can produce moisture and mold.
3. Adequate electricity in every room with functional wall jacks.
4. Clean and sanitary premises.
5. Adequate ventilation.
6. Structurally safe premises.
7. Many cities require the installation of smoke detectors 8. Functional and secure locks on doors and windows that provide a minimum degree of safety against intruders.
Your local building and health or fire department, can provide information on local housing codes and penalties for violations of structurally safe premises.
AVOID:
A tenant can also sue the landlord for refund of past rent in some communities for the discomfort caused by the substandard conditions.
Repairs
Timely and professional repairs: The best way to avoid a problem is to have the tenant always fill out a maintenance request form and sign and time date stamp it. This will provide proof of the date you first heard about the problem. If you make repairs and keep the dated receipt and you have responded in a reasonable period of time , the arguement is won.
Use licensed professionals:
1. Maintain a file on all your vendors and repair people.
2. Keep a copy of their license and be sure to have a copy of there general liability insurance and workmen's compensation on file. Pay attention to dates and be sure the license and insurances are current. REMEMBER if the contractor is not insured then you are the insurer.
3. Save all receipts and be sure they are dated to protect yourself against claims against you that repairs were never made.
When to Enter a Tenants Unit
Most states require a minimum of 24 hours notice prior to entry. if the notification is to be mailed, then we recommend a certified letter and one weeks notice. Post the notice on the door. Create a form that indicates the delivery date fo the 24 hour notice and file it.
ALWAYS call or knock before you enter. Surprising a tenant can lead to a law suit.
NEVER enter if:
- Only a minor is home
- If there are any sexual or hostile advances. Simply leave and document the circumstances and send a letter describing the reasons you did not enter. If you must enter for repairs, leave unless its an absolute emergency then set another appointment when you return to the office and always have a staff member with you.
Secure The Building
- You are responsible for the safety of your tenants:
- Always have functioning doors and windows in your building.
- Be sure that all locks are secure and in good working order.
- Exterior doors should have exterior locks.
- Fix all broken windows.
- Have a fire exit clearly marked and its a good idea to have a quick escape bar. Be sure the building is adequately lit and that all hallways and alleyways are also adequately lit.
If a police report has been filed by a tenant, secure a copy of it for your files and inspect the property to be sure that it is secure. Make a note of the visit and file it. If there has been a break in, fix any damage quickly and document it for your files.
Inspections
1. Have annual inspections of all sprinkler systems
2. Have annual inspections of all elevators
3. Save all inspection reports and be sure they are dated
4. Have general inspections of all stairwells and porches.
5. Document and photograph all repairs.
Why Do All This:
A tenant can sue for damage to personal property resulting from unsafe conditions, medical bill, loss of income and more.
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