Parking Lot Security
Several of my tenants have had their cars keyed, causing several thousands of dollars in damage. Our apartment is advertised as a gated community, but we have experienced several problems with the gate, thus it was not working when the damage occurred. Obviously, the tenants are upset with this situation, and are requesting compensation for the damage to their cars. What liability does a landlord assume in this type of situation? J. P.
While you should check with your attorney about this, you probably have some liability. Whenever you give the appearance of security, such as having a gate, your tenants come to rely on that security. Thus, if the security isn’t there, such as the situation with the gate that doesn’t work properly, you have breached an implied contract of security.
Had you never had a gate, there would be no expectation by your tenants that the parking lot was secure. But once the gate is in place and your tenants come to rely on it, you undertake some duty for ensuring that the parking lot and their cars are protected.
See what your insurance will cover.
Handicap Modifications
Our rental house was built in the early 1960s. Are we required by law to bring the house up to ADA standards? The tenant has lived in this house for about 5 years and has recently become disabled. He is requesting a wheelchair ramp and possibly the doors widened for wheelchair access.
Please advise.
The house is located in Houston, TX.
You are not required to do anything. Under the Fair Housing Law all that is required of you is that you allow the tenant to make reasonable modifications at his expense. In addition, you can collect a deposit to cover returning the property to its original condition when he moves out.
ADA (Americans with Disabilities Act) standards don’t apply to residential units, only to commercial properties and the common areas of apartment complexes.
Subleasing
My month to month rental lease with my tenants does not state anything about NO SUBLEASING but the tenants tried to go under my nose and sublease the property without me knowing anything about it. I’m new at this and only 20, but have studied tremendously and never did find anything about this. Can they legally sublease the property without landlord’s permission with nothing about NO SUBLEASING in the lease with them? I figured they would have to get some kind of written agreement with me before so.
Thank you for your time and help. V. C., Ohio.
Whether they can sublet or not may or may not be covered in Ohio’s landlord tenant law. Chances are it is not covered. Therefore, unless you have specifically prohibited it in your rental agreement, they may sublet.
Your options are:
1. Give a 30-day, no-cause notice (if that’s what you have in Ohio) to move out to your original tenants and the sublessees, thus terminating the tenancy(ies).
2. Change the terms of the rental agreement with your original tenants to prohibit subleasing. You would probably have to do that with a 30-day notice changing the agreement. Then you can proceed to tell your original tenants to get rid of their tenants or clear out altogether.
3. Double the rent. Once again with proper notice.
4. Do nothing.
This is not an insurmountable problem. In fact, if it doesn’t end up costing you anything, it’s a pretty cheap lesson.