We live in a very litigious society. People watch television shows like "Peoples Court," where everyone sues everyone for any perceived slight, and it seems they often come out with a huge dollar judgement. And during the breaks, personal injury attorneys promise to "get you the cash settlement you deserve."
The problem of people suing people gets even worse if you happen to own any rental property, if for no other reason than there are typically large sums of money involved in the value of the property.
During this seminar, I learned many good ideas, but I thought the best advice was not in how to work with your attorney to defend yourself after the lawsuit was filed. Instead, the novel idea was to try to avoid the problem altogether.
I am not an attorney and I am not trying to give you any legal advice. Instead, I found these suggestions so logical that I wanted to share them with you.
Lawsuits typically occur because one side gets really mad or feels that they have been harmed in one way or another. So the logical place to begin is to find ways to keep our tenants happy and safe before a problem develops.
Here are some suggestions:
* Take a realistic look at your property. If you had a professional home inspection performed, would the inspector write you up for things like poorly illuminated stairways, loose or torn carpeting, inoperable windows, missing or non-functional smoke detectors, sub-standard electrical service, open flame heaters or unvented space heaters in a home where children live?
* What about the yard? Are there unsafe drops or gullies, are there steps without handrails? Will you find untrimmed dead tree limbs or old vehicles or appliances (even refrigerators or freezers) that might be death-traps?
I am not suggesting that only new homes are safe to use for rental property, but I am saying that if you allow obviously unsafe conditions to exist at your property, you are asking for a lawsuit.
The key word to remember here is "reasonable."
One attorney at the seminar suggested that if you are involved in a lawsuit, the court will try to determine if you have taken reasonable steps in the past to protect your tenants from harm.
If you have, that will weigh in your favor. If you have not, you may find yourself on the losing end of a large dollar award judgement.
One way that you might demonstrate your ongoing concern regarding safe conditions is to conduct an annual "safety inspection" of every property.
You should notify the tenant in writing that a "safety technician" will be conducting the inspection on a specific date and time, and that the tenant is encouraged to let you know in advance, in writing, if they have any safety concerns. That way you can be sure to have the technician address those areas.
On a practical note, this is a good time to:
* Examine the rental unit: check the keys and locks for proper operation, check the smoke detector on each living level, and check for quick egress from each room in case of fire.
* Examine the utility area: check the electrical panel for signs of overload or excess heat, change the furnace filter, and cycle the furnace and watch for proper operation. Also examine the water heater flame & examine the relief valve. Check the water heater draft hood for updraft, and insure hot water temperature is set under 125 degrees.
* Look throughout the house and check for flammable liquids or rubbish near any heat source. Make a visual inspection for unsafe wiring conditions. Check handrails and stair treads for safety, and adequate lighting. Confirm there is a fire extinguisher in the kitchen area.
* Examine exterior yard, fences and trees for safety concerns.
* Determine if special needs exist in the household. Check for persons who are young, elderly or have a disability that might need special care, advice, or help in an emergency situation.
Finally, the inspection should answer the question: does any part of the premises seem unsafe in other ways? If so, these areas should be addressed.
This written inspection could be accomplished in under an hour, and a permanent record of the inspection should become a part of the home's written history.
As a landlord, this type of inspection makes sense on two levels:
First, if you consistently perform an annual safety inspection, it allows you to do a better overall job of maintaining your property. That makes your rental more desirable, meaning you can maximize your rent.
Perhaps more importantly, this type of inspection may very well alert you to a problem area before it becomes an issue, and could allow you to avoid the problem altogether.
In my opinion, it is "reasonable" to expect that a landlord who cared about his tenants and his property would perform a safety inspection once a year.
Of course, "good landlording" is not a substitute for insurance protection or entity planning, both of which should be addressed by professionals. Your insurance agent should examine your coverage annually for needed changes, and your attorney can best advise you on how to hold title.
But as an addition to any landlord's list of best practices, I think the annual safety inspection has too many benefits to ignore.