Category: Real Estate

Troublesome tenants create a lot of work for us as property managers, but I am thankful for them because if there were never any problems there would never be a need for property managers. Tenants sometimes say and write things that can be terrifying to a landlord. Take a look this, an actual maintenance request from a tenant.

Our kitchen sink faucet has not been fully functional since May 2015 (sent August 2015). Two plumber visits later, there is still no viable solution. There are two settings on the faucet, normal and high powered spray. The faucet is stuck on the high powered spray function. Therefore, we cannot wash food or dishes without the water either spraying all over the kitchen floor and counter tops or we have to adjust the pressure so low, cooking and cleaning is horribly ineffective. Further, we have a newborn due on Monday and this is the only sink we can wash her in. We will not be able to bath our child using this sink faucet. This needs to be fixed immediately please. Thank you.

Now, as Paul Harvey used to say . . . the rest of the story. According the the landlord the property was in serviceable condition but had a few minor problems that could be upgraded. (The sink was not one of them.)  The landlord agreed to rent the property at a below-market price if the tenant agreed to accept the condition of the property. We weren't managing the property at the time of lease, so I don't know exactly what was discussed between the tenant and the landlord. What I do know is that the property is under-priced for it's choice location and I know that it's an older home.  After the tenant moved in, the complaints began. It began as a small drip and then evolved into a steady flow of maintenance requests and demands for what the tenant alleges are necessary repairs. After losing money for months, eventually the landlord gave up and handed the account to us. The first thing we did was go back the lease: the document that everyone signed and agreed to.  If the lease does not allow for upgrades, we can not allow for upgrades. Of course, we will manage repairs when a system fails. For example, if (as the tenant complains above) the faucet stops working, then we will fix the faucet. For this particular tenant, we sent a maintenance man over to look at several alleged problems. He determined that the faucet was perfectly functional and the issue was that the style of the faucet did not provide the functionality or look desired by the tenant.  We had no choice but to deny this maintenance request. The tenant responded:

In regard to the faulty kitchen faucet, I disagree and believe he is evading the obligation of a landlord according to the Virginia Residential Landlord and Tenant Act. Conditions of the faucet have worsened. There are now three separate streams that spray horizontally onto the counter. Aside from making a huge mess, it poses an electric risk to any sockets or appliances plugged in around the sink. The water is simply not going where it is supposed to go, in the sink. According to 55-248.13. Section A, 4, The landlord shall maintain in good and safe working order and condition all electrical, plumbing, sanitary, heating…..This plumbing issue is clearly not safe or in acceptable working order. Most manufacturers offer lifetime warranty. I don't understand why they cannot send a replacement head as part of the warranty. Whether it's Danny or the manufacturer, this should be addressed from a Legal perspective. Do you disagree?

Our reply was brief and business-like:

I will be brief as I am caring for my one week old child. Your information is incorrect. The plumber visited twice and stated that it was not working properly, attempted to order a replacement part and on his second visit, stated that it should be replaced under the warranty. My landlord and I have his email recommendations if you need further evidence. Your agent may have disagreed, however, inspected two months ago, prior to the further decay. For you to suggest that I damaged the faucet is libel and inappropriate for you to say. This is an old home with many old appliances that are in poor shape. I attempted to clean the sprayer with a brush, thinking that the hard water had caused a blockage, but it did not help. It's not an unlikely event and I would appreciate it if you could get the facts first, help support and provide us with some kind of resolution rather than retaliate during these challenging times. Newborn babies are a lot of work and going back and forth on this is not the best use of my time.

This tenant is the perfect example of why a landlord needs a property manager. The tenant uses scary terms like "legal obligation" and "Virginia Residential Landlord Tenant Act" and "newborn babies" and "libel". All those words and others he uses are real hot-buttons for people. Fortunately, those words do not motivate someone who is experienced in property management as we already know and wish to adhere to all of our requirements under the law and under the lease. We're not going to lose our business over a faucet. But our business is about fighting for landlord's pennies. An experienced property manager knows to adhere to all the terms of the lease and knows to keep the property in top working order. The property manager knows the Virginia Residential Landlord Tenant Act better than any tenant, and it is our commitment to exceed the requirements of the VRLTA. At the same time, a property manager will not be bullied by tenants who throw around legal terms and claims without basis or in an improper fashion. It is our job to remain cool, detached and businesslike.