Question 1
One of our residents has asked to be released from the lease agreement and be allowed to move due to problems she is having with the other resident, a former boyfriend. She claims the other resident has drug issues, is stealing from her, and has threatened her on multiple occasions. Usually in cases like this, we have all the residents sign a roommate release form, but in this case, the resident that is staying is less than cooperative. The resident who wants to leave is constantly bothering us about this and making it our problem. Do we have to deal with this? Are we under any obligation to let her out of the lease?
Answer
First of all, you are under no legal obligation whatsoever to let the resident out of her lease. She signed a lease and must abide by its terms, just like everyone else. Resident disputes like this are simply not your problem, and you should not allow the resident to make it your problem. If you do allow the resident out of her lease, you have one less person to collect from if the remaining resident becomes delinquent or leaves owing money, and the mere act of allowing the resident out of her lease could have fair housing law implications.
Do you let every complaining resident out of the lease? Do you have standards or criteria for when a person is to be let out of the lease? Probably not, so your innocent choice to allow this particular resident out of the lease could become a problem later if you refuse another resident's request, and that person is a member of a protected class. If upon the advice of your attorney you choose to allow a resident out of the lease, make certain a proper roommate release form or resident vacating agreement is signed by all parties, and be certain to have the agreement deal with the security deposit. Any agreement like this should have the departing resident waive any and all claims to the security deposit in the event it is returned in full or part.
Don't allow a resident's problem to become your problem. If you decide to allow a resident out of the lease, using the proper forms is crucial AND everyone must sign.
Question 2
We recently agreed to allow one of our residents to move from a second floor unit to a first floor unit due to the fact that the resident has difficulty with stairs due to a worsening health issue. Trying to accommodate the resident, we had our maintenance staff do the complete move of her property rather than requiring that she have this handled on her own. In the process of moving, one of the maintenance staff dropped her flat screen television while carrying it down the stairs, and it no longer works. She wants a new one. When we agreed to move her, we told her that we would not be responsible for any damages that may occur during the move, and she had no problem with that. Now she has become demanding and is saying that if we do not buy her a replacement, she is calling her lawyer or not paying the rent. Should we buy her a new flat screen?
Answer
I am sure you have heard of the saying that in this business, "no good deed goes unpunished". This is clearly the case here, and your liability could have been avoided if you had the resident sign a damage liability waiver form. First of all, your choice to move the resident using your maintenance staff was probably the right thing to do, especially as the resident may be considered disabled. The problem though is liability, and by using your staff to move her personal property, you took on the liability for any damage or loss to her property.
In many cases, and this is one of them, you can avoid liability through an agreement between the parties. A proper damage liability waiver form detailing what your staff is doing and having the resident release your staff and your company from liability for loss or damage to personal property is a must, but you probably do not even have such a form. Call your attorney, and most likely he or she already has one to provide to you. In the present situation, you should seriously consider biting the bullet and buying the resident a comparable flat screen, and be done with the problem. Before you actually give her the flat screen, make sure that she signs a general release, or she may "discover" other items that were damaged by your staff in the move.
No good deed goes unpunished. If you allow your staff to assist a resident in moving personal items, it is crucial to have the proper Release of Liability form signed by the resident.
Question 3
One of our residents has requested that he is allowed to paint his bedroom. Our lease prohibits any alterations, but he is a longtime resident, and the paint job in his apartment appears old and faded. It has probably not been painted in years. He is offering to pay for the paint and take care of the whole thing himself. Our maintenance staff normally would do this, but we are short-staffed and financially strapped. Is this okay in your opinion?
Answer
It sounds like a great idea, but really is not. Residents should never be allowed to paint or make any other alterations to the apartment. One of two things can occur. The resident will do the job improperly, causing your maintenance staff more work in the future, or the resident may begin doing too much work on the premises, deciding to paint more rooms and potentially creating greater problems.
We have seen many cases when improper or incompatible types of paint were used, dark colors were used which were difficult to cover up and repaint, carpets were severely damaged from paint spills, and even situations when residents were injured painting the premises. In one case, the resident, a professional painter by trade, decided to paint the entire unit and then placed a lien on the property, causing a major legal battle later. Sometimes these "great ideas" turn out to be not so great in an imperfect world.
Avoid allowing a resident to ever do repairs or improvement work on the premises. This common mistake is often done by novice property managers who think it is a win-win situation. While things often work out well, when they don't, you have a big dispute on your hands and sometimes an eviction defense.
