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We Are Not a Cookie-Cutter Industry: Don’t Quote Your Services That Way! Part I

February 13th, 2013

By Linda Day Harrison, theBrokerList, Chicago, IL

When I was on the front line, running a full-service real estate firm, Cookie cutter 1I would be the point person on all new business calls. The first question from a potential client would almost always be “How much will you charge to manage my property?” Or “What percent will you charge to manage my property?”

It was a frustrating position to be in, but one that was easily answered: “There’s no fixed quote to manage your property.” Of course, the argument would be that they called several other management companies and were quoted X or Y. But no matter what, I learned that providing a quote to anyone on the phone is a slippery slope, and a very dangerous approach to gaining new business.

Two things are certain:

  1. No two properties are alike.
  2. No two property owners are alike.

Based on years of experience and knowing these basic fundamentals, I would always learn about the property and client before offering any opinion on what the cost would be to manage their property. Why? Since I could not possibly know the scope of service required for a property without a site visit and further investigation into so many pieces of information, quoting a fee over the phone would do the client and my firm a disservice. However, it was a balancing act on so many different levels — I would have to keep the client interested enough in my answer and approach as to why just quoting a figure may not be in the best interest of the management company and hence the client.

To calculate a management assignment quote and determine what should be included, you must have a good handle on what your overhead costs are as well. If you have unit costs on your overhead, it’s much easier to simply create a matrix of unit items and then calculate the labor hours that relate to those functions.

The functions can be general categories like:

  • - Account Management/Executive
  • - Supervisor
  • - Property Manager
  • - Administration
  • - Accounting
  • - Capital Project Management
  • - Leasing
  • - Legal
  • - Insurance
  • - Technology

This is a sample list of functions; some of the functions may or may not apply to the scope. For instance, the owner of the building may pay and secure property insurance or use their own real estate tax attorney. Although that may be a red flag for smaller property owners, for large clients, it may be that they put their insurance out to bid as they have a risk management department to handle that work. Or they have an in-house legal department. These are important areas to consider, and understand that these tasks take time. And remember, time is money!

I think you get the drift here, but the main points are that no two properties are alike and no two property owners are alike. If you keep that in mind, you will be able to identify clients that understand your value and your concern to do the job right, rather than just provide a proposal blindly, without knowing how it will impact their company and the overall health of the assignment.

 

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Northeast Property Owners Prepare for Hurricane Sandy

October 26th, 2012

By Ken Kmet, Condo Voice, Clearwater, FL

Hurricane Sandy is glancing off Florida, and heading toward the east coast of the U.S., aiming straight for a rare collision with the Northeast U.S. Sitting here, as a Floridian, watching the satellite photos and watching the projected path, I am reminded that many, many part-time residents of Florida live in the Northeast. Even though most Northeast homes and properties are not fitted for hurricane protection, many residents know the drill. The only good news about this event is you have a lot of time to prepare, because tracking software has become so sophisticated.

So, if you only have a couple of days and a couple of bucks, and a couple of helpers or contractors to make you hurricane-ready, what to do? What are the priorities?

First, identify which hazard would affect you most — rising water (flood), wind, or even wet snow. Your property location and type should make this easy. High-rises should take cover, because wind speeds increase every few floors you are up.

Check for trees that overhang roofs, and if they are weak, old, or show signs of age, have them trimmed.

Walk the yard, and exterior, and secure or store anything that could become a missile or flying object. When in doubt, just store it.

If you are likely to have to evacuate, secure your home, not just from the severe weather, but also from vandals and thieves. Years ago, the day after a hurricane ripped through my neck of the woods, I was able to slip through the National Guard troops to get to a few of my properties, which were on the beach. After my inspection, during which I took pictures, noted damages, and called the property owners with my report, getting back in my vehicle I noticed many soldiers with machine guns walking the streets, Guard vehicles, and equipment. They were not messing around, and frankly, it was shocking to me to actually see martial law imposed, more or less, in my town. I managed to leave, also unnoticed, and wondered to myself if I was getting paid enough to have done something out of duty that could have gotten me in a lot of trouble. The point is, it can get that bad, and you could be delayed access to your property for some time if a storm does that type of devastation. Prepare for this, and count your blessings if it doesn’t happen that way.

Gather a bag, suitcase, or boxes with your important papers, CDs, thumb drives, et cetera, including any digital records that are on your desktop computer (and not on your laptop or mobile device). Make this light, compact, and weatherproof, so you can grab it and go in an instant and in very bad weather.

Prepare for power losses, earlier than you think. Make sure you can function if it is pitch black, because storms hit when they want to, not when it is convenient. Gather a mobile power bag also, with flashlights, extra batteries, and consumables, much like you would prepare for a winter storm. Traffic can become gridlocked, especially with people who are not used to this sort of thing, wait until the last minute, and so forth. When storms like this hit, and are rare, there are many more people who are rookies at this on the road.

Property damage is actually the last priority. Life safety, personal and property security, records, and survival kits should be the priorities. We know the drill in Florida. But a northern hurricane is rare, and many people have never experienced anything like it. Northern storms have the wet snow or ice possibility. Not only do you get the same factors that a southern hurricane can bring, but wet snow and ice can down power lines and cause property damage even more than the other factors.

I hope that the storm is not as bad as they are predicting, and my thoughts and prayers are with everyone in Sandy’s path. Do all you can do to prepare, and then hope and pray the effects are minimal. Take care.

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Property Management and Crime

August 28th, 2012

By Carla Toebe, New Century Realty, Kennewick, WA

One of your responsibilities as a property manager is to maintain a safe, secure, crime-free property. Unfortunately, there are a number of scenarios within property management that a criminal – or even just an opportunist – could exploit. The list below outlines some situations to avoid and some precautions to employ.

Never accept cash. Never, under any circumstances, accept cash as payment of rent. By never accepting cash, you will prevent possible thefts by employees or outside people who have marked you as a target, and you will also attract fewer criminals who want to deal only in cash so they can launder money or keep their money trail off the records to avoid being tracked.

Screen your applicants. Application screening is another very effective way of recognizing criminals, or people living beyond their means. Naturally a criminal record is a red flag and is generally considered a reason for denial. Another red flag is having a number of items in collections that are not being dealt with. This could mean the individual is living beyond their means. You have to consider the possibility that their wages might be garnished to take care of these bills. Would they be able to still pay the rent? Where is the rent money coming from in that case?

Be aware when showing units. Showing a rental unit could also be potentially dangerous if you do not take appropriate precautions. When you are showing a place privately to a stranger, you are giving them a perfect opportunity to commit a crime against you. It is always a good idea before you meet them to get their information and do all the pre-screening you can. If you feel they may be an OK fit but are still uneasy about them, be sure to show the unit during daylight hours. One very good tactic is to set appointments for multiple prospects at the same time. If you must meet the person alone, require an ID prior to entering and leave their license info with someone who can follow up with police in the event you don’t return with the “all OK” message.

Change the locks. Always make sure you change the locks between tenants. There should be adequate key control in place as well. Keys marked with the unit number and street number can lead someone right to the tenant’s door in the event that key becomes lost, is not returned, or is left lying around by someone using it. Keys should only have limited information on the tags or a cross reference sheet identifying what the codes on the tags mean. Always keep proof that the locks have been changed; it protects you from liability in the event of a break-in. If a tenant loses a key, they should be charged a replacement cost to re-key the locks.

Keep sensitive information secure. You’re holding personal information about each of your tenants. All of this information needs to remain in locked cabinets when not in use and not given out to anyone without the tenant’s written authorization, unless it is requested by law enforcement. If it is requested by law enforcement, you will need to cooperate, but make sure you are dealing with an official of the local police or FBI before giving out personal information.

Keep renters informed. If a crime does occur in one of the units you are managing and you have other tenants in the same vicinity, they should be notified of the crime so that they are aware and can protect themselves. Most crimes committed against people in rentals are crimes of opportunity, and renters can do simple things to make sure they do not become victims.

Think twice about signs. If your rental is in a higher crime neighborhood and prone to vandalism, you may want to do some creative advertising that your unit is available. You do not want to leave a sign on the street indicating you have a unit ready to move into. If you must put a sign out there, you can request that the current tenants not be disturbed so that any onlookers will think it is occupied.

Engage the community. Finally, there are neighborhood watches that you and tenants can become involved in, and many cities have crime prevention seminars that you can attend to learn more tricks of the trade in order to help keep you and all your tenants safe.

 

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“Weather” You Like It or Not – Winter is Coming!

August 21st, 2012

By Linda Day Harrison, theBrokerList, Chicago, IL

I think we can all agree that whether you’re a seasoned property manager or building owner, or if you’re a rookie to managing property, that there are not enough reminders about Mother Nature changing course, come winter each year!

Weather can be a property manager’s best friend or worst enemy. The key is to be sure you are prepared! Even if you have the best staff and the finest building engineer, double checking the basics while the weather is mild is much more pleasant than learning that something was overlooked after it breaks or bursts in the middle of January, especially when it could have been prevented with a $5 piece of weather-stripping or a $2 valve.

Winter can really cause a lot of trouble for the bricks and mortar of a building, in addition to the windows and pipes. Going over all of the most vulnerable areas early will save you so much grief later on down the road. For instance, walk the lower levels and check the basements or whatever areas are least visited at your property, in addition to all spaces that are vacant.

It is vital that even the smallest pinhole be closed up tight. In a biting subzero winter, a blowing cold snap can pierce through that small hole and act as a razor through any pipe. That type of damage can be menacing and I would not wish it on anyone.

I have learned over the years that you MUST check and double check to prevent a winter disaster. As a force of habit I circulate the below checklist as a tickler to all of my staff in early Fall. It is a simple, yet gentle reminder that we need to make sure we have thought of the obvious before winter sets in. Every year you should pull out your checklist and send it to your team. This will help them to make sure they are covering their bases. Of course in the large properties, these checklists can become quite comprehensive, but regardless of size, these basic reminders are worth their weight in gold.

Winter Risk Management Checklist

  1. Winterization of outside hoses, spigots, etc.
  2. Boilers and heating equipment has been inspected and tested for proper operation.
  3. Roof inspected and gutters and downspouts have been cleaned and inspected.
  4. Vents and other openings are closed and sealed tight for cold air infiltration.
  5. Final fall plantings (bulbs, sod, etc.) completed and clean up.
  6. Customer heating systems checked and inspected (individual)
  7. Walk off mats inspected and located for installation on hard surface floor areas.
  8. Snow supplies purchased such as shovels, ice melt, etc. for first snow fall or ice storm.
  9. Snow blowers inspected, checked, and made ready for first snow fall (remember November/December you can have an early snow!).
  10. Snow removal vendor identified and contract in place. Please identify the name of the vendor hired for the 2012/2013 season and update all emergency calling lists.
  11. Insure heat tape, if applicable, is working properly.
  12. Be sure time clocks and other equipment is functioning properly for lighting and security systems (remember it is darker earlier so exterior lights and parking lot lights need to be on earlier).
  13. Inspect all vacant units and spaces to insure heat is operational and windows are sealed tight.
  14. Inspect all basements and lower levels to insure openings are closed and weather tight.

Download The Checklist

Here are some other sources for more comprehensive winterization steps. You may also find some ideas to include in your resident or tenant newsletters:

http://www.sdao.com/ref/RiskMgmt/winter_weather.pdf

http://www.energystar.gov/ia/business/Winter_Checklist.pdf

http://www.tcrecc.com/docs/3bepreparedWINTER_Checklist.pdf

http://www.buildings.com/tabid/3334/ArticleID/13154/Default.aspx

http://homerepair.about.com/od/exteriorhomerepair/ss/winterize.htm

Have a safe winter!

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Pest Management for Property Managers

July 27th, 2012

By Rose McMillan, Terminix, Atlanta, GA

If you are a property manager, you may think that the idea of calling an exterminator is a nightmare. While dealing with pests of any sort is no picnic, it is far better than simply letting the infestation get worse and worse, which is exactly what is going to happen if you do nothing. If you are performing a property management role for a multifamily property, you need to have an integrated pest management strategy available at your fingertips should you detect a problem.

For Property Managers

Keep an open door policy for reporting pests. Be very clear that there will be no blame or penalties placed for reporting pests of any sort. One great way to keep things blame-free is to allow residents to sign up for weekly or monthly pest control treatments.

Be proactive with your pest control and make sure that you seal up any cracks or gaps in the walls and the baseboards. This keeps pests from entering the building on their own. Seal up the areas where pipe lines enter and leave the unit as well.

Call an exterminator sooner rather than later. For example, if roaches and bedbugs are seen during the day, this usually means that an infestation has gotten quite bad and needs immediate attention. An exterminator can tell you what you need to know about your situation.

Educate your residents by passing out notices with pictures of different pests and what draws them in. For example, people who live in urban areas should be warned about bedbugs and cautioned to avoid picking up furniture on the side of the road.

Put together a sound strategy for integrated pest management by working with a good company that specializes in pest removal. In many cases, a good company of this sort can ensure that you have all your bases covered.

For Residents

All residents should keep their homes tidy to better facilitate good pest management. For example, they should wash their dishes every day, and they should reduce clutter in their home to provide less of a safe haven for pests.

Residents should also throw out old food. This is because insects are drawn to food that is left out and undisturbed, even if the food has not gone bad. This includes old frying oil, which can be put in the freezer and thrown out when it is frozen.

Use bleach if possible to clean up the wet areas in the home. There are many pests that are drawn to the damper areas of the home, and bleach makes it impossible for them to live there. Bleach also sanitizes the areas, making it more pleasant in general.

Do a thorough clean of the home or the unit once a month. This includes sweeping, mopping, and scrubbing. Not only will this discourage pests from coming in your home, you will find that it can also help you detect pests that you did not know were there.

If you are running a large multifamily property, you must be proactive when it comes to pest control. This is not a matter that you can put off, so act before there is a problem. Most pest problems can be nipped in the bud early on if you have the right information at hand.

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World’s Worst Tenants

July 24th, 2012

By Salvatore Friscia, San Diego Premier Property Management, San Diego, CA

I have to admit that recently I started watching a new cable show called “World’s Worst Tenants” on Spike TV. The premise for the show if you haven’t seen it depicts three individuals who are hired by various property management companies to handle unusually odd tenant related issues. The issues range from your basic nonpayment of rent to more bizarre and serious issues that can leave any self-respecting property manager shaking their head in disbelief. The show makes for great TV and entertainment, but on a serious note it can offer some insight to the importance of exterior and interior property inspections.

I noticed that usually the trio of characters hired to resolve the tenant related issues would indicate that the out of state owner or property manager had lost communication with the tenant and in most cases both were unaware of the property condition. This dangerous combination usually lead to disastrous situations leaving the rental property completely destroyed, and in some cases declared uninhabitable by city, state, and federal laws. I can’t help but think that regularly scheduled inspections would act as a deterrent in the outcome of some of these situations.Here at SDP Management our company policy is to conduct two exterior and one interior inspection annually. At the lease signing we advise the tenants of this policy and make it known that the property owner and the management company have a vested interest in making sure that the condition of the property is maintained. The exterior inspections are done randomly and documented via photo log. The interior inspections which are preceded by 24 hour written notice are detailed in a report. If concerns or violations are found during the course of either inspection, a notice of cure or solution to remedy the problem will be issued to the tenant before the situation gets out of control or causes damage to our client’s property.

Inspections are not intended to be viewed as “Big Brother” looming but more like a friendly reminder that the property management company will enforce the tenants contractual lease agreement to maintain the property in a certain condition. In some instances we hold raffle drawings and issue gift cards as a “Thank You” to unsuspecting tenants for maintaining curb appeal and general upkeep of their rental property. Keeping both parties happy (owners & tenants) may not always be easy but when you conduct regular exterior and interior inspections you may just avoid being on the next episode of “The World’s Worst Tenants.”

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The Economic Downturn Makes Life Tough for Renters and Property Managers Alike

June 7th, 2012

A guest post by Gabriel Knight, Mortgage Fit, Chicago, IL

It’s no secret that the still-sputtering economy has made it a rough go for property managers. After all, one of their primary responsibilities is making sure that rental properties are rented, and with still so many unemployed and underemployed folks out there, renting has become a real problem – the pool of eligible renters is shrinking.

But while things are tough for the property managers out there, it pales in comparison to the hardships that potential renters are facing. Keep in mind that many prospective tenants were homeowners before the recession came along and forced them into short sales, default, and foreclosure. These people have little rental experience or history, if any, so property managers have to question whether or not they’ll be able to pay their rent. Ironic, given that these people once managed to pay a mortgage every month.

Many of these potential renters are dealing with bad credit because of tough decisions they were forced to make regarding their homes. Often they are considered higher risks, so they face tougher standards, higher deposits, or rejected applications.

While there isn’t much property managers can do beyond waiting for the economy to stabilize, there are things potential tenants can do to better their chances of approval. For one, having pay stubs from a current job can show that your employment is ongoing and steady. And a reference from a former landlord, if you have one, helps as well. You can also run a free credit check on yourself through various online services so that you have an idea of what the landlord is going to see when they pull your report, and you can explain any extenuating circumstances that drove your FICO score down.

Of course, the best policy is to have first and last month’s rent and a security deposit ready for the property manager. That probably goes without saying, but ultimately that’s what the property manager is going to look for if they give you a shot. Potential tenants can also check with their local government’s Housing and Urban Development (HUD) department for expert advice.

Renting these days is hard, but not impossible. Preparation is key!

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Property Management with a Smile!

May 17th, 2012

By Salvatore Friscia, San Diego Premier Property Management, San Diego, CA

I recently read somewhere that property managers are slowly spiraling down the trust ladder towards the likes of lawyers and used car salesmen. I know this is a strong statement and no disrespect to lawyers and used car salesman, both honorable and needed professions, but once the public brands a group in that fashion it’s hard to shake the stereotype. So, has it really gotten that bad for us property managers?

Well, that might be a bit of an exaggeration and I personally don’t believe it’s accurate. But if you ask a room full of real estate investors if they’ve had bad experiences with property managers in the past, unfortunately you will be bombarded with stories that will leave you shaking your head in disbelief. So how can it be that an industry so reliant upon good management be saddled with so many poor property management experiences? I would like to think it’s just a love/hate relationship but honestly, in my opinion, it comes down to the business basics.

As a widely considered expert in the field, and owner of SDPmanagement, a San Diego based residential property management firm, I’ve had the opportunity over the last decade to witness numerous property management offices that consistently underachieve. As a consultant I will review systems and procedures that lead to less than positive feedback from clientele, and make subtle but effective suggestions that can alter the overall experience in a positive fashion. With social media becoming the new unfiltered Better Business Bureau for the public, a negative experience is just a few keystrokes away from Internet infamy and branding your business as less than stellar. This is not rocket science but unfortunately many property managers are overworked and underappreciated to the point that basic customer service skills sometimes take a back seat when dealing with clients, applicants, and tenants.

Nevertheless, all excuses aside, please understand it is virtually impossible regardless of your business acumen to please all the people all the time, and unfortunately negative reviews will be posted. The point is that any opportunities to self-evaluate your business and make improvements are always warranted. In an attempt to stay away from stereotypes and bolster a strong trustworthy image I ask you to consider the following; are your phones answered by the 3rd ring and your company name used in the greeting? Are your showings scheduled with rental managers who are on time for the showings? Do company representatives wear company branded logo shirts to show unity and cohesion? Is your office tidy and clean presenting a professional atmosphere? Do you handle adversity and problems professionally? And last but not “lease” do you offer property management with a smile?

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Rebrand or Improve Your Property Management Business?

May 10th, 2012

By Jo-Anne Oliveri, ireviloution intelligence, Brisbane, Australia

Does this make sense to you?

Last week I was in discussions with a respected sales agency. This agency had a huge sales business with 12 or so sales consultants during the peak of the region’s boom. They now only have the directors, three of them, working as sales consultants.

Due to the huge decline in the property sales market they decided to focus their attention on their property management business. They recognized that this side of the business provided constant cash flow and kept their doors open during the shrinking sales market. It also helped to stabilize their dwindling cash reserves.

In recognizing the need to manage their property management operations they assigned one of the directors to focus his attention 100% on property management. All good and logical thinking.

They planned their strategies for business stabilization and growth during the declining sales market. The business owners decided that buying a rent roll would be part of their strategy in growth and increasing market share. So far, so good. Good planning with purpose, logic, and strategy.

They were satisfied with the purchase of the rent roll. However, moving forward, here is where they start dropping the ball. The director is sick of property management – he wants to go back to selling. He cannot work out that listing managements is in fact the same as listing properties for sale, it requires the same skills. Does he not recognize the fact that managing a property generates immediate cash flow and long term wealth creation? Does he not realize that by having a solid property management business with a respected reputation he will generate sales? Apparently not.

The director was complaining about the fact that a property owner he knew listed their property for sale with another agency. What is absurd about this is that the property is managed through his agency and he has built a relationship with this property owner over a period of six years. In disbelief he called the property owner and asked him why he listed with another agency. The property owner told the director that he had no problem at all with him but he had major problems with his property management business.

Wow, there you have it, straight from the property owner’s mouth. Wouldn’t you as a business owner jump on this and get your property management business sorted. Well here’s where I was completely floored. I asked him how much the commission would have been if he sold the property. The commission would be in the vicinity of $15,000. Ouch, that’s a lot of money left on the table (especially in tight markets)! A declaration that would make you take action. Apparently not in this instance. He doesn’t want to believe that other clients may feel the same way and believes that this is a one off instance. At first he was seething that he had lost an “in the bag” sale due to the incompetency of his property management team. By the end of the meeting and once he started realizing that his property management services are a result of his and the other directors lack of direction and support, he started blaming the property owner for being disloyal and now believed that this loss of listing was a “one only”. Needless to say, I was quite shocked at how he had turned the whole situation around and now there was no blame at all on the agency.

Now here is the toe curler. The director then said to me that he had been noticing that a lot of agencies are rebranding their property management business so that it appears to be a different from their sales business. He was considering doing this. He believes this will protect the reputation of the agency’s sales business. You can see why I was shocked at the absurdity of his thinking. Does he really believe that consumers are that naive? Apparently he does.

He asked for my opinion on this. Needless to say, I don’t have to say here on this blog what my opinion is on rebranding your property management business just so consumers can be tricked into believing it is a completely separate entity to the sales business. Even though I do have an opinion on rebranding your property management company, it is certainly not for the reason of hood winking consumers. That is, in my opinion, displaying total disrespect to your consumers and makes no business sense at all. I would much prefer to take the positives from this and understand that as a business owner I’ve now been given feedback that I can take positive action on and turn my business around by creating ways to win back customer loyalty.

Rebrand or improve your business – what would you do?

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If It Ain’t Broke . . .

March 30th, 2012

By Colin McCarthy, J.D., Robinson & Wood, San Jose, CA

Well, hello there and happy 2012 to you all. It has been a little bit of time since we have had a chance to chat. I will beg your forgiveness for being pre-occupied with year end duties, and a jury trial in Visalia, California that preoccupied my time and has prevented me from indulging in the blogging world. Now that I am able to focus, I want to talk to you about every one’s favorite topic – repairs – from everyone’s favorite perspective – a lawyer.

But before I do, I’ll share with you how I spent my New Year’s Eve. It’s a story that pretty much exemplifies why it is important to have a good handyman at your disposal. And why it is important that you not rely on your father to do repairs at your home or your leased property.

As is the case with a lot of you, my parents came to see their grandchildren for Christmas. They did not come to see me or my lovely wife. They wanted to see my kids while they are still cute, and say and do precious things. I recognize this and accept it. My little brother will soon benefit from this phenomenon. For the first time, my parents will actually go to see him in the cesspool (I mean lovely city) that is Los Angeles*.

As payback for this parental neglect, I frequently use the visits as the opportunity to enlist my father in helping me with home repair. This time, I had a leaking external water spigot in the back yard that was opening the spigot – if you will – on my water bill. So I asked dear old Dad to assist, knowing (but always forgetting) how he does these things.

He waited until December 31, 2011 to start. He waited until 4 p.m. in the afternoon to start. He had a 7 p.m. dinner appointment with friends. After assessing the situation, he decided that we may as well replace the spigot in the driveway because it was the same vintage and bound to fail soon, too. So off to Orchard Supply we went and purchased our replacement parts. We successfully installed the new spigot in the back yard in about 10 minutes.

The driveway spigot proved more challenging. We could not get it off. Not easily anyways. We did manage to get some of it off – the rest remained rusted and in place. The problem with only getting part of the spigot off and not all of it was, in this case, that there was no way to stop the water from escaping. Unless we turned the water off. So we did.

Not a big deal. Except that we did not have the tools to get the rest of it off. Except that OSH was closing. Except that Dad was going to a dinner party in about 20 minutes. Except that OSH was closed on New Year’s Day. Except that we have three little ones that need frequent bathing. Except that we needed to be able to flush the toilets. Etc. So Dad goes under the subfloor looking for a close out valve for this particular water line. Mom is at the doorway wondering when she is going to the dinner party. My wife is wondering what is going on. Dad swears like its 1984 and he’s working on the VW bus. Then throws his hands up and says, “I have to go to the dinner party.”

Lucky for me, my neighbor, who is a handyman, was home and looking for some extra cash. An hour and a $150 later, problem solved. Negligent repair made non-negligent. Water on. Kids clean. Toilets flushable. McCarthy residence, habitable.

And so it is, too, your landlord’s responsibility to make your property “habitable” by competent repairs. A landlord’s failure to maintain and repair the dwelling he has rented you entitles you to, in some cases in California, refrain from paying rent related to the dilapidated condition of the dwelling**. If the failure to repair interferes with the tenant’s ability to live in the dwelling, they may be free from rent obligations until the situation is corrected***.

So clearly, the lesson of this blog post is: do not let your father do repairs at your house or any rental properties.

*He’s actually in Redondo Beach, which is cool. And where John Travolta’s character in Pulp Fiction resides.

** Stoiber v. Honeychuck, 101 CA3d 903 (1980)

***Green v. Superior Court, 10 Cal.3d 151 (1974).

This blog submission is only for purposes of disseminating information. It does not constitute legal advice. The statements in this blog submissions do not necessarily reflect the opinions of Robinson & Wood, Inc. or its clients. No attorney-client relationship is formed by virtue of reading this blog entry or submitting a comment thereto. If you need legal advice, please hire a licensed attorney in your state.

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