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nancydelvalle · Aug 10, 2007, 05:51 PM

I am the Landlord, but another family member does some of the maintenance such as tree trimming and more recently began fixing the roof. This family member didn't notify us that he was doing the roof repair. In turn we weren't able to give the tenant 24-hour notice of the repair. The tenant informed us 3 weeks later that this work was going on and didn't have use of his patio. I know that I am responsible for violating the 24-hour agreement of repairs being done, but I don't feel that I should be responsible for the tenant's loss of use of the patio for 3 weeks, since he didn't inform us. The tenant saw the person doing the repairs and didn't tell the worker to move his tools. And the tenant also saw us working on another unit and also didn't inform us of the loss of use of his patio. So my question is what is my liability for not giving him 24-hour notice of the repair on the roof. And am I liable for the tenant's loss of use of the deck/pation for 3 weeks. The tenant is asking for compensation for the loss of use.

ScottGem · Aug 10, 2007, 06:02 PM

The question is whether you want to keep up good relations with the tenant.
If you do, then apply this formula. Take the square footage of the patio and add it to the square footage of the unit. That divide the square footage of the patio by that total. Next take 75% of the monthly rental and apply the percentage of the patio to that figure. Then tell the tenant they can deduct that amount from next month's rent.

For example, lets say the patio is 300sq ft and the unit is 1200 sq ft. that would mean 20%. Now if the rental is $1000, you get 20% of $750, which is $150.

If you don't care about relations, tell the tenant, that they should have informed you immediately of the loss of use of the patio and you would have taken immediate action. Since they didn't do so, you feel no need to compensate them.

Fr_Chuck · Aug 10, 2007, 06:14 PM

Plus the why was the loss for 3 weeks?? After the first day of the repair, he was notified was he not ? So beyond loss of one day where no notice was given what is your liability.

Also the notice of 24 hours is normally because you have to go into the home, since he was working on the outside I am not sure that notice is even related to this.

So as scott mentioned, it is your choice of what to do, if your other family member did not tell you, to give notice, let him be liable, so if you paid them for the roof, deduct the loss to the tenant.

ScottGem · Aug 10, 2007, 06:18 PM

Let us know what happens ;)