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Started By
Message
My tenant replaced a bunch of boards on the back deck w/out asking me
Posted on 6/16/15 at 2:08 pm
Posted on 6/16/15 at 2:08 pm
I know some of you are in the landlord business, so maybe you can help me with this.
My tenant noticed some splinters on the back deck and his father works for a lumber company. He got some boards for cheap and replaced the ones with splinters with new boards. He said he would stain the new boards to match the others.
For me personally, I'm not worried about it. He's handy, so I - again, personally - trust that he did a fine job with it.
But legally, I'm concerned. The deck is at least 20 feet off the ground. It's high. If he installed the boards incorrectly and the deck collapsed, I'm concerned that would come back on me.
My first assumption is to remind him that according to the lease, no maintenance should be performed without my consent. I then want to get an inspection of the deck to make sure it's in good shape.
Would that cover my arse on this?
My tenant noticed some splinters on the back deck and his father works for a lumber company. He got some boards for cheap and replaced the ones with splinters with new boards. He said he would stain the new boards to match the others.
For me personally, I'm not worried about it. He's handy, so I - again, personally - trust that he did a fine job with it.
But legally, I'm concerned. The deck is at least 20 feet off the ground. It's high. If he installed the boards incorrectly and the deck collapsed, I'm concerned that would come back on me.
My first assumption is to remind him that according to the lease, no maintenance should be performed without my consent. I then want to get an inspection of the deck to make sure it's in good shape.
Would that cover my arse on this?
This post was edited on 6/16/15 at 2:11 pm
6
Posted on 6/16/15 at 2:14 pm to StringedInstruments
You're overthinking this
Posted on 6/16/15 at 2:16 pm to StringedInstruments
it's just a couple of boards how could he install the incorrectly? You just nail them down to the joist
Posted on 6/16/15 at 2:17 pm to drexyl
quote:
You're overthinking this
Am I?
I mean, I'm fine with him replacing a few boards if he wants. He could have called me and asked me to pay for it. I would have if it was a true concern with splinters on the deck. He has a few young kids in the house, so I would understand it.
But if he hammers a nail wrong and the one board is flimsy and then he or his friend step on it, it falls through. Scrapes his leg up real bad and needs an emergency room visit. Who's that on? Him for replacing the boards without asking me? Or me finding out he did it and not ensuring the quality of the work?
I'd say lawyers overthink things too.
Posted on 6/16/15 at 2:23 pm to StringedInstruments
Maybe you could get him to type out a letter detailing what repairs he made and sign it with a witness just for your records. Not sure how much that would hold up in a courtroom but at least you would have some proof that he installed them without your knowledge.
Posted on 6/16/15 at 2:32 pm to stevengtiger
quote:
but at least you would have some proof that he installed them without your knowledge.
And that same letter would acknowledge that OP now knows about them. What would be the point of such a letter?
Posted on 6/16/15 at 2:35 pm to LNCHBOX
quote:
What would be the point of such a letter?
If something were to happen, he would have proof that the work was done without his consent and without being inspected. I guess that didn't make as much sense as I thought it did.
Posted on 6/16/15 at 2:50 pm to stevengtiger
OP, you should definitely hire a certified OSHA inspector with a home improvement license that has insurance and have them document the inspection of the repairs done by tenant on legal paper and have it notarized.
Posted on 6/16/15 at 3:03 pm to StringedInstruments
quote:
If he installed the boards incorrectly and the deck collapsed
Please tell me you're female.
Posted on 6/16/15 at 3:38 pm to StringedInstruments
I've got a handy tenant myself....but he always gives me a heads up before he 'fixes' anything. It's typically very minor stuff.
Go over there and check for yourself. If it's good, don't worry. If not, fix it.
Go over there and check for yourself. If it's good, don't worry. If not, fix it.
Posted on 6/16/15 at 4:29 pm to StringedInstruments
My tenant just put up a fence around the AC units because the dog kept chewing on conduits. She had the damage fixed and put the fence up on her own dime. Didn't concern me; I just figure she wants to be a long term tenant.
Check the work just to be safe; 20' decks create a little more liability than a fence.
Check the work just to be safe; 20' decks create a little more liability than a fence.
Posted on 6/16/15 at 4:33 pm to stevengtiger
quote:
--------------------------------------------------------------------------------
What would be the point of such a letter?
--------------------------------------------------------------------------------
If something were to happen, he would have proof that the work was done without his consent and without being inspected. I guess that didn't make as much sense as I thought it did.
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The OP having the letter dated today will show that he was aware of the repair when it occurred. Next questions would be "Did you approve of the work? and if not, what did you do about it?
Posted on 6/16/15 at 8:44 pm to StringedInstruments
If you had noticed a couple boards that needed to be replaced, would you have done it yourself or hired a professional to nail down a couple of boards?
If you would have done it yourself, then you should feel comfortable enough taking a look at his work and determining if the new boards are sturdy and secure enough.
If you would have done it yourself, then you should feel comfortable enough taking a look at his work and determining if the new boards are sturdy and secure enough.
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