Thursday, July 19, 2012

Getting Repairs Done to the Home You're Renting

Trying to get repairs done to a rental home is probably one of the most frustrating issue tenants have to experience when renting.

You complain to the landlord or property management company and they assure you that it will be fixed in no time, however no one shows up so you complain again, and they show up but don't fix the problem and this cat and mouse games goes on and on.

As property managers we try to address repair issues within a reasonable amount of time. However there are still situations where we get blind-sided with irate tenants who have issues we have never heard of before. These tenants claim that they have told on of our staff members about the problem "weeks ago" and want to know why we haven't done anything to correct the problem. Or we get a call from a tenant that wants or even expects us to drive right over and fix their problem within a couple of hours.

So whats the best way for a tenant to make sure repair items get taken care of in a timely fashion? Lets discuss the steps to make sure your repair request goes as quickly and as smoothly as possible.

  • Communication - This is the key to getting everything started off right, if we don't know about an issue we cannot do anything to correct it. What we recommend is that all repair requests be made in writing, we have even made it simple for the tenant, They can go onto our website and fill out a repair request under the tenant section of our website. Calling us is fine, however make sure that you are calling the main office number and not an agents cell phone number, and always make sure to follow up the phone call with an email. One of the worst things you could do is tell one of our contractors about any problems you might be having, these people are subcontracted by us and odds are if the repair you need is not what they do they don't care because they won't be making any money on it. Communication is the first step to a smooth and successful repair request.

  • Promptness - Don't put off alerting us about a repair and then expect us to drop everything and come running over to fix it immediately. Water leaks can cause a lot more damage if they’re not addressed quickly, and you could be billed for the extra costs if it is determined that the condition has existed for weeks or more.  

  • Share Details - One of the most frustrating things we experience as a management company is vague descriptions of the problem . This generally leads to longer repair times because we have to all and wait for a response about the problem. One example if you are calling about an appliance not working please give us the brand of the appliance at a minimum but also try and find the model number so that we can pass that information on to the repair person.

  • Be Responsible - Just because you're renting a property, doesn't mean your staying at a hotel with you own private concierge service.  Just like leasing a car you are still responsible for basic maintenance such as lights that burn out, batteries for smoke alarms, and filters for the air return. If you send repair requests for these items you will generally get a nice email or phone call from one of our property managers asking you to read what your required preventive maintenance items are including the items I listed above. Also we do not cover items that need repair due to abuse so if you have a broken screen door because your dog or cat clawed it up one afternoon, you will be charged for it, so although it is a home you are renting treat it as though it was a home your rented.  
So, what happens if you do all of the above and a repair still isn’t getting done?  The first inclination of many tenants is to threaten or actually withhold rent. Legally, there are certain steps you must take before you can be justified in withholding rent.  Let’s look at them:
  1. The repair must be something that affects your ability to make use of the property as intended and is under the landlord’s control. A burnt out light bulb wouldn’t qualify, neither would a utility outage that was the responsibility of the utility company.
  2. You must be able to prove you informed the landlord about the repair issue. This is where getting used to putting things in writing pays off. If you communicate via email, save the emails you exchange with the landlord. If you don’t have email, send a registered letter via U.S. Mail and save the receipt.
  3. You must give your landlord an appropriate amount of time to address the repair.  How much time is this?  It really depends on the type of repair and sometimes the weather, season or time of year.  For a non-emergency repair, you probably should wait at least 30 days.
  4. You must prove your ability to pay the rent when you withhold it.  Because too many tenants have tried to “play” the system and use a repair as a reason not to pay rent they didn’t have to begin with, most courts/judges will require you to prove you had the money to pay your rent when it was due.  There are really only two ways to do this: 1) have enough money continuously in your bank account to cover all rents you withhold, 2) escrow the rent money with an attorney or other licensed professional.  If you don’t do this you risk having a judge dismissing your case and/or giving your landlord a money judgment against you.
Overall, if you communicate with your landlord, follow up with their office and act civilly, you’ll find most repairs are taken care of to your satisfaction.  Even more get taken care of if you escalate your communications.  Very few repair issues get to the point where you’d have to withhold rent, and often time at that point it is more effective to file a complaint with the Real Estate board or commission, especially if being licensed is a requirement in your state.

4 comments:

  1. It is an insightful post. The property managers, if they are given responsibility should look to the tenants needs in order to have no disputes in the future. A good Property management company can easily deal with all these issues.

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