landlord/tenant Q&A

CATHERINE M. MATTHEWS (R), GRI
Broker-In Charge, Callahan Realty, Ltd.
Past President, Oahu Chapter
National Association of Residential Property Managers

In keeping with our previous format for the past few weeks, here are more short answer questions that were asked during our Property Management Seminar that was attended by over 300 people.

Q. Is a Landlord required to repair windows, doors or locks resulting from vandalism or a burglary?

A. Yes, this is your property and damage that is not an accident or negligence by your tenant is your responsibility. If this happens, make the repairs quickly and if someone did actually get into the property you may want to look at additional security features.

Perhaps cameras or additional lighting may be appropriate and be a deterrent in the future. If your tenant has become scared, you may even want to consider installing a security system with the tenant paying the monthly fee.

Even during a fixed term in the lease, this new item could be negotiated based on the situation.

Q. Does renter’s insurance cover negligence that leads to water damage?

A. It is possible that the liability portion of the renter’s policy may cover negligence; it would truly depend on the specific circumstance so I am sorry but can’t give a clear answer on this question. The general rule is if you own it your insurance covers it; your policy would probably take the lead but if it was true negligence, your policy may try to subrogate (get the money back) from the renter’s policy. Renter’s insurance covers many things, I can (and have) written a full page on the benefits of renter’s insurance.

In a sentence it covers all of the tenant’s personal property from fire, wind, lightning, water damage, theft, vandalism and more; the liability portion covers any claims against the insured caused by their belongings, pets or family members. I am not an insurance agent, so please double check this with a licensed professional.

Q. If the refrigerator goes out, who pays for the spoiled food?

A. How do you handle the situation when a refrigerator cannot be delivered right away? If the refrigerator breaks down and food is spoiled, the food belongs to the tenant, so it is the tenant’s responsibility. Often times, renter’s insurance will compensate for this loss. I have also seen owners who have felt responsible and given the tenant some compensation; however this is not a requirement. HRS 521-64(c) (paraphrasing the statute including only this topic) says that a Landlord shall commence repairs within 3 business days and complete them as soon as possible concerning a major appliance that is not working. I suggest you be reasonable and “put the shoe on the other foot”; if it were you without a refrigerator, how would you feel, what would you think is reasonable? I believe you have to make every effort to replace this appliance as soon as possible, even if you do not get the best price. A week is a long time for a refrigerator to be broken, whereas a dishwasher I do not think that time is unreasonable as long as you have begun the process and scheduled a delivery. I had a situation where we could not find a refrigerator on the island that matched the other appliances in color and would fit in the spot where the refrigerator went. In that case it took 3 weeks to get a new one, so in the meantime we rented a refrigerator for the tenant. Communication is very important; let the tenant know what is happening and what progress is being made.

Q. Who pays for smoke alarm batteries, refrigerator filters and pest control after the tenant moves in?

A. This is something that is totally negotiable and should be stated in the lease or an addendum. Also, address the cleaning and replacement of a/c filters if the unit has air conditioning. Most commonly a tenant is responsible for smoke alarm batteries and refrigerator filters. In my experience pest control can go either way with the exception of rodents. If your property gets rodent infested, you must address it right away. It is a matter of health and safety.