The roof has been leaking over Unit #3 off-and-on through this unusually wet fall and winter. Finally we got a pause in the rains and we were able to have the roof repaired. Once these roof repairs were completed, we wanted to get into unit 3 for a few days to strip out old dry-wall that had been damaged by the roof leaks, test and sanitize the affected areas as needed, install new dry-wall, prime and paint. We wanted our tenant to be out for 4-5 days.

The tenant in #3 saw this as an opportunity. He called the Langham-Huntington Hotel for the cost of a room for 4 nights. He called one of the finer restaurants in town for the cost of three meals per day for 5 days. He then calculated that because he ran an internet business out of his 2nd bedroom, he would be losing several hundred dollars worth of business opportunity over those two days. He then said that he wanted $4500 to be out for the possible five days. He wanted this amount paid to him by Cashier’s Check at least 3 days prior to the work schedule, otherwise he would not agree to vacate to permit the work.

We were prepared for such a possibility. Several years ago we added the following language to our rental agreements: “If maintenance at the property (such as dry-wall work, re-painting, re-carpeting, or fumigating) should require that tenants be out of their units for a few days, lessee/tenant agrees to vacate, and accept the sum of 3-times the daily rent for the days involved, if offered by the lessor/owner.” This provision reserved for the owner the option of offering, or not offering.

This provision is further backed-up and amplified by an additional provision in our House Rules that requires each tenant to carry Renters Insurance, and that such renters insurance should also include insurance for “loss of use”, if the tenant were required to be out of the unit for reasons such as fire, flood, earthquake, or reasonable repairs being made by owner or management. This provision is like double-insurance for our owners. We might still offer a tenant some reimbursement for the inconvenience, just out of good customer service

We sent a copy of the tenant’s lease to him, and he accepted what he had agreed to, 3-times the daily rent for 5 days, and all worked out amicably.

So Far, this approach has worked well for us.

Dear Readers … This article is the 263rd 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 market. I appreciate your questions, comments, suggestions, and solutions. Contact C. Finley Beven, CPM, CCAM, JD. 99 S. Lake Avenue, Pasadena. (626) 243-4145.

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