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 mechanics 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 Washingtons Residential Landlord/Tenant Law, tenants do not have an automatic right to have repair work done on the premises 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 nonurgent repairs.
Its 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.
From the tenants perspective, if the landlord fails to make repairs within the legal time limits after being properly notified, the tenant has a few options:
n The tenant can give notice to the landlord and move out without forfeiting any deposits or pre-paid rent.
n The tenant may arrange to the have work done by a competent third party after providing the landlord with a written estimate of the cost. The tenant can then deduct the cost of the repair for the rent. However, the landlord must be given an opportunity to inspect the repair work and the total cost cannot exceed one months rent. If the tenant uses this remedy more than once, the total deductions for repair work in any 12-month period cannot exceed two months rent.
n If the repair work will cost no more than half of one months rent, the tenants may choose to perform the repair themselves, as long as no licenses are required (such as for electrical wiring). The job must be performed in a workmanlike manner, and the landlord must be allowed to inspect the repairs. The tenant may then deduct the cost of materials and labor from the next months rent, up to a maximum of half of one months rent per repair, or a total of one months rent in any 12-month period.
As a landlord myself, I try to avoid these types of confrontations by establishing a firm but fair business relationship with my tenants from day one. I have them sign a very thorough, very strict nine-page rental agreement that spells out in detail what I expect of my tenants and what they can expect from me. This rental agreement alone scares away most would-be trouble makers. The agreement contains two paragraphs that apply to repairs and alterations by tenants:
Alterations by tenant: Tenant agrees to do no painting or any decorating in the house or make any alterations, improvements, changes or additions to the premises or the fixtures, locks, or wiring without the prior written consent of the landlord. Under no circumstances will the landlord be responsible for any improvements or repairs made without written authorization. Any improvements made by tenant shall become the property of the landlord at the conclusion of this agreement.
Workers warranty: All parties to this agreement warrant that any work or repairs performed by the tenant will be undertaken only if he/she is competent and qualified to perform it, and the person performing the work will be totally responsible for all activities to assure they are done in a safe manner which will meet all applicable statutes. Tenant further warrants that he/she will be accountable for any mishaps or accidents resulting from such work, and that he/she will hold the landlord free from harm, litigation or claims of any other person.
In short, the tenants cant make repairs without my permission, and if they do, they are totally responsible for paying for the work and correcting any mistakes or poor workmanship.
Of course, such an agreement is worthless if you cant trust your tenants to follow it. Be very careful when selecting your tenants. Most of the tenant horror stories Ive heard over the years can be traced to the landlord failing to do an adequate background check on the rental applicant before they move in.
If you rent your property to the first person who shows up with a checkbook, you are asking for trouble. Always take the time to run a credit check, talk to the applicants employer and especially to their previous landlords.
Mail 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.
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