Training Your Vendors & Maintenance Techs
Control Communication That Creates Legal Problems
The Deadly Statements
Your maintenance tech charged the a/c compressor for the third time and said to the Tenant, "I am doing my best, but the compressor really needs replacement". Your tree trimmer points out another dead or diseased tree to the Tenant that was not on the work order. Your plumber tells the Tenant that, "The sewer line has sand in it and must be broken somewhere." These statements, while most likely true, cause Tenants to not want to pay rent, withhold rent and create legal problems, including an eviction defense.
Vendor conversations with Tenants before, during or after a repair can create complex legal problems. The most innocent and often true statement made by the vendor to the inquisitive Tenant can result in later problems or expectations. Many maintenance or repair issues with homes are not completely fixed but repaired in such a way that the Tenant can properly reside on the premises and get what was paid for. In other words, some repairs are indeed a "Band-Aid", but that is really not a large problem if it at least temporarily solves the situation. Pumping out an old septic tank may only be a temporary fix that could last months. Recharging the a/c compressor may last until the lease ends, and snaking a drain that is penetrated by roots may solve the problem for months or even years. Are any of these permanent fixes? Probably not, but often Owners do not wish to spend significant money at the present time to make a replacement or repair a particular deficiency, so they do the best they can to keep the Tenants happy.
It is the phrase, "Best we can do" that is a big problem!
Contact
In a perfect world, the vendor would not have any contact whatsoever with the Tenant. Often though, the Tenant is present during the repair, and some indeed take an interest in what is happening, asking the repair person all kinds of questions about the problem, the repair and how long it will last. The Tenant who reported a maintenance issue may need to be spoken to by the vendor/maintenance tech regarding the particular repair need, so it may be impossible to prevent a conversation from occurring. The vendor/maintenance tech often has to ask the Tenant questions about the problem in order to make a proper diagnosis. The bottom line is that contact between the Tenant and the vendor or maintenance tech will occur.
Limiting Contact
If at all possible, scheduling service calls when the Tenant is not present is preferable. While the absent Tenants always can create a risk of accusations of theft or damage, try to schedule certain repairs when the Tenant is absent. If the Tenant demands to be present, and it does not cause the service call to increase in price, it does not cause great inconvenience to the vendor/maintenance tech, AND it does not pose a safety or health issue, trying to accommodate the Tenant is prudent. Some repairs necessitate certain safety precautions or equipment, so communication with your vendor/maintenance tech is important ahead of time to determine if it is necessary for the Tenant to be absent. If the Tenant refuses to vacate the unit during the repair or maintenance, or refuses to allow access, this may constitute a lease violation. We recommend you read our articles pertaining to Tenant access denials so as to properly address the noncompliance if it occurs.
Vendors
If you are using outside vendors, make sure that you give clear written instructions to those vendors that they or their employees are not to discuss any details of the repair whatsoever, if it involves making any remarks about any other or further needed repairs or replacements, etc. No disparaging remarks should be made about any of the appliances, equipment, plumbing, HVAC or anything else. No other repairs or needed maintenance should be pointed out to the Tenant, and all communication is to be with you only. The repair is to be made, and the vendor or the employees of the vendor are to make a report that will be given to you. If further work is needed, or if there is an opinion that an item needs to be replaced or something is deficient, this is not to be discussed at all with the Tenant.
Critical Warning: Often, the Tenant is asked by the vendor to sign a document showing that the work has been completed. This document often has statements on it that go further than just showing the job completion and states that certain items are recommended to be repaired or replaced. You must clearly explain to the vendor that this is NOT to be done with any of your Tenants, no matter what the policy is of the vendor.
Many of us have experienced the simple oil change for our vehicle. When this occurs, you are given a receipt for the job, and inevitably, the receipt states further recommendations or observations made by the oil change tech. THIS type of form or receipt is never to be given to a Tenant.
Your Maintenance Tech
Presumably you will have more control over your maintenance tech, but mistakes happen. It is crucial to properly train your maintenance tech to avoid the same errors often made by outside vendors. It is quite simple. The maintenance tech needs to be instructed to make no remarks about the condition of items that he or she is repairing or replacing. No other items in need of repair or replacement are to be pointed out to the Tenant. No disparaging remarks are to be made about the property, equipment or the property Owner. It is possible the Owner is in financial distress and that your maintenance tech is aware of this. Such information is never to be disclosed to or discussed with the Tenant. If the repair is caused due to damage or neglect by the Tenant, you are to be told of this, and you are to deal with it either separately or with your maintenance tech present with you.
Conclusion
Not all rental properties are perfect. Old appliances, septic, electrical systems, plumbing, HVAC and drainage will exist on some properties. The Owner is under a duty to maintain most of these items under the law and the lease agreement. However, the Owner is neither under a duty to replace all these items in most cases, nor is the Owner under a duty to upgrade a property to a new condition.
The words spoken by the vendor/maintenance tech will often come back to both haunt and hurt you and the Owner. If a property is so bad that it ends up resulting in a potential serious safety hazard, you may decide to no longer manage that property and terminate your relationship with the Owner, possibly after consulting us.
If you fail to train your vendors/maintenance tech, rest assured they will say things that end up creating unpleasant legal issues, and at a bare minimum, headaches.
Watch: Quick Tip — Training Maintenance
Need help creating vendor guidelines or training materials? Contact the Law Offices of Heist, Weisse & Wolk at info@evict.com or 1-800-253-8428.
