Q I own single-family rental properties and I was wondering what happens if a tenant calls a contractor to do work on the house without first telling the landlord, for example, to repair the roof or replace a plumbing fixture. The contractor comes and does the work without any signed estimate or job order. Does the contractor have any recourse with the property owner, or would the tenant be responsible? – D.S., Everett
A In the scenario you have described, the tenant would probably be responsible for paying for any repair work they ordered on a rental house unless the tenant was acting as a “common law agent of the owner.”
In your example, there is no way the tenant could claim to be acting as your agent because you did not grant permission to order the repair work. The same goes for the contractor.
They would have no right to place a mechanic’s lien on your property unless the repair work was specifically authorized by you as the owner of the property, or the tenant was acting as your agent.
Under Washington’s Residential Landlord/Tenant Law, tenants do not have a right to have repair work done on the premise except for specific emergency situations.
When a repair needs to be made, the tenant must give the landlord written notice of the problem and allow a reasonable period of time for the work to be done. The law has specific time limits for different types of repairs.
For example, the landlord must begin taking corrective action within 24 hours of receiving notice of any problems involving the heating system, hot or cold water, electricity or a hazardous condition.
Landlords have 48 hours to begin work on a defective range, refrigerator, or major plumbing fixture; and up to 10 days to begin work on any non-urgent repairs.
It’s important to know that the landlord is not required to repair defective conditions caused by conduct of the tenants or their guests. A landlord is also not responsible for making repairs if the tenant refuses to allow the landlord access to the property for purposes of making the repairs.
Mail your real estate questions to Steve Tytler, The Herald, P.O. Box 930, Everett, WA 98206. Fax questions to Tytler at 425-339-3435, or e-mail him at economy@heraldnet.com
Steve Tytler is a licensed real estate broker and owner of Best Mortgage, Inc. You can visit the Best Mortage Web site at www.bestmortgage.com.
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