This Probably Never Happened to you, but …

 Unit #3 was just about ready for move-in.  The unit had been painted and re-carpeted, but not cleaned.  The owner was approached by a potential tenant who offered to clean the apartment in return for a $100 reduction in rent for the first month.  Since her regular cleaning crew would not be able to do the job for two more days, the owner accepted the applicant’s offer, and rented to him.

Then the tragedy.  Unknown to the owner, the tenant set about cleaning the kitchen with a highly volatile fluid, something like lacquer thinner.  The fumes from the cleaning solution were ignited by the burner of the water heater, which was also located in the kitchen.  The tenant attempted to smother the flames with a towel, and in the process received minor burns on his fore-arms.  The burning fluid caused substantial damage to the water heater closet and surrounding areas of the kitchen.    The physical damage to the property amounted to more than $5000.

The tenant, who could have burned down the landlord’s building, sued the owner.  No surprise there.

In the lawsuit, the tenant made two rather interesting claims.  He claimed that as he had not had the gas put into his names yet, he did not know that the gas was on in the house … and that the owner should have warned him of this fact.  He also claimed that because of the value given to him in the form of a rent reduction in exchange for his services in cleaning the house, he became the landlord’s employee, and thus entitled to an even higher duty by the “business owner” to alert him to hazards of the workplace.   They tenant won a large award.

There are three lessons here.  The first is to be sure that your rental agreement clearly warns your tenants that the gas in your units is ALWAYS ON.  The second is to be sure that your rental agreement clearly cautions your tenants against the use of any flammable fluids or chemicals anywhere on the property.  The third is to never offer money to a tenant (or a rent reduction) in return for any service provided to the benefit of the property UNLESS you want this tenant to be viewed as your employee.

In this situation, the owner would have been far better off had she simply offered the unit to the tenant at a reduced rate, with no requirement that the tenant do any work for the property.

Our approach is that we never, NEVER ask a tenant to do something whereby they MIGHT be hurt.  If a tenant complains of ants, we have suggested that they use “Grant’s Ant Stakes” (they actually work).  However, we would never tell a tenant to set a mouse-trap or a rat-trap, even if it’s something you think that they should be able to do.  THINK of the consequences, the liability, if we were to tell a tenant to set a trap, and that tenant was injured by the trap.  And quite obviously, TENANTS SHOULD NOT HAVE TO DEAL WITH DEAD RODENTS.  (Imagine if you were in a hotel, and called the manager about rats.  Then imagine what you would think if they brought YOU a trap and some bait, and told YOU to take care of the problem).

This business continues to be about customer service, avoiding liability, and attention to details.  It has worked well for us.

Dear Readers: This article is the 161st 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, JD, CPM, CCAM,   99 S. Lake Avenue,  Pasadena.  (626) 243-4145.   FinBeven@msn.com.    www.BevenandBrock.com