Any thoughts on the contractual nature of the slightly awkward situation of being hired by tenants who are preparing to go head to head against their landlords. I’ve mostly avoided these calls, but I’ve done a few with AI, cut-and-paste clauses such as the ‘tenant-directed inspection clause.’ I do this knowing full well that I might be called into court to defend my report. However, I was hoping for a more practical, common-sense discussion on this topic.
I’m tempted to charge double for these narrow-scoped inspections because of the increased chance of having to deal with a deposition or subpoena, or having to drive somewhere, sit around, and lose another day. Tenants are within their rights to ask an expert about a condition with which they’re unfamiliar. And I tell them “go get an expert - like a structural engineer. or Mold tech.” However, they often still persist with a Generalist like a Home Inspector. If they ask me to go on the roof without the landlord’s permission, I’ve said no, as it feels like trespassing. Any thoughts?
Not for litigation always. Sometimes mediation, or simple negotiation for rent reductions, settlement with attorney etc. Not the worst situation always, just a back and forth with Tenant/Landlord often. You still avoid? (of course it could escalate and you could get called in to court).
Yes I avoid in most cases. And it is not just court I avoid.
These customers are needy. They often want increased access to you to include additional texts, calls and follow ups. I understand it. They are desperate and powerless. Then their lawyers begin the communication all over again. Then finally, you are subpoenaed for discovery, or a disposition, or possibly as a witness.
I get similar calls on a regular basis, most always because of a slumlord not taking care of the property and the tentants feel their health or worse is in jeopardy. I point them all towards the county department of health.
Done many. You have to parse out why the posable client wants the inspection.
Many were for parents wanting to inspect the rentals for collage or university for their children.
Being in a college town, I get the calls often. Like others, I do not get involved. The luxury of telling them to call the rental inspector typically gets them off the phone. When they say that they have already gone that route, it is a pretty good indication that they just want out of their lease.
Most are looking for an advocate, not a true independent inspection. I send them to their local rental authority. That is their advocate (in a perfect world).
I would include the landlord in the conversation as a requirement of the service, before it scheduled so as to give proper notice of your presence, the purpose of your activities and a clause that says #1 you will perform the service for the tenants with or without the owners permission/presence, but that you are not liable to be sued in the future based upon a finding of a condition that leads the owner to repair the property in question. Look at Seattle’s Renter/Landlord Registration Program for more guidance. Btw charging double could be grounds for a lawsuit by renters, just saying…..koo-do’s for the post/topic!!!
Whenever I get a request from a renter to do an inspection, I tell them that the landlord has to give me permission to inspect their property. 99% of the time it doesn’t go any further than that phone call. I feel bad for a lot of the renters, but I am not going to get involved between a dispute between a renter and landlord. The only time that I have done an inspection for a renter is when they have a rent to own agreement with a landlord and the landlord is aware of me inspecting his/her property. That policy has served me well.
We have only done these for rent-to-own clients. Had plenty of calls for renters who had issues with their landlord and 100% of those calls ended with sticker shock and did not go any further. It’s case-by-case whether or not we would actually take one of these clients, but the fact is that most people (in my area at least) who have a crappy landlord cannot afford a home inspection (or mold inspection which is what we get called for most), let alone have the time and money to take their landlord to court. If we ever got further into a conversation with a renter beyond cost, then we would be very careful and probably get some advice from our Realtor friends in property management.
So, in Los Angeles. Just to put a contrasting spin on this situation. And this is unusual, granted, but there have been other versions of this. The very first one of these calls, was a guy renting a house for 40,000 a week. He called me in to look at a couple issues. He said he wouldn’t have complained but they were kind of glaring issues on this big ticket rental in Beverly Hills - valued at 25 million. (Because of the issues, they agreed to lower the price to 125k for the month.) Automatic gates were not opening, TV won’t shutoff, one of the 7 bathrooms locks you in. I agreed to document issues. Then he said the real reason he was filing the report was the management company was “price gauging” because of the fires. He showed me documentation of the changing prices. I obviously could NOT weigh in on that, but it was bad. And regardless of the jaw-dropping affluence (which typically makes me a bit nauseous) I had to agree with him and admit I was happy to help. There have been a few other similar situations. Then something a little different: a renter was being blamed for his bathtub overflowing to downstairs unit - and being asked to pay damages. But when he peeled back to carpet in his apartment there was a gaping crack into the floor. So all I did was measure the crack. That was my report. Anyway, interesting situations.