The tenant from No. 3 wrote us an e-Mail this morning. He moved in a few weeks ago, and is now writing to ask when the new carpeting would be installed in the second bedroom. He wrote that someone in the office had told him to just ask about upgrades for his unit, and he assumed that since he had asked … it could be assumed that his requests would be approved.

Over the years, we have dealt with this issue several times: unfulfilled expectations. It just happens that some tenants expect that the unit they have recently rented will be up- graded to meet their wishes. To deal with this source of possible frustration or disappointment, we have each tenant who moves in both read and sign our “As Is” agreement as part of their pre-move-in forms. It reads as follows:

“As Is” Agreement

By signing, all applicants agree that they have been given adequate opportunity to visit, investigate, and assess the condition of the premises being rented.

By signing below, all applicants agree that they have been given adequate time and opportunity to list any-and-all issues or conditions at the property that must repaired or replaced as a condition of signing the Rental Agreement. The list follows, and it will be legally considered a “counter-offer”, and may be declined in whole or in part by management or the owners. Please write “none” if that is the case:

Management and owners understand and agree that the property must be in a condition that would satisfy local, county, and state codes and requirements relative to the age and location of this property, and management and owners agree that they will continue to maintain this property and each unit therein in a condition that will satisfy such codes, regulations, and requirements. Unless otherwise noted, management and owner agree that all supplied appliances and furnishings (windows, cabinets, doors, drawers, etc.) will work as intended.

We sent a copy of this agreement to our tenant, reminded him that this is what he signed before moving in, and this seemed to resolve the issue. We did tell him that we would pass his request along to the owner for final decision. So far, this approach has worked well for us.

Dear Readers: This article is the 256th in a series based on the lessons we have learned the hard way. The contents of these articles are merely opinions of the writer. They are not intended as specific legal advice and should not be relied upon for that purpose. Our practice is in constant refinement as we adjust the way we operate to an ever- changing rental market. I always appreciate your questions, comments, suggestions, and solutions. Contact C. Finley Beven, CPM, CCAM, JD.

Fin.Beven@BevenandBrock.com www.BevenandBrock.com RentBandB.com/Vacancies