Tenant Injuries and Liabilities

As a property manager or landlord, it's important to be aware of your responsibilities and liabilities when it comes to tenant injuries on the premises. In order to be held accountable for an injury, the property manager or landlord must have been neglectful of properly maintaining the premises, and that negligence must be the source of the injury. For the property manager or landlord to be held fully responsible, all of the following must be proven:

1. It was the landlord’s or manager’s job to maintain the area of property that caused the accident.
2. The landlord or manager failed to take sensible steps to prevent the injury.
3. Remedying the issue (or at least giving sufficient warnings) would not have been unreasonably expensive or complex.
4. An injury was the likely outcome of not remedying the issue (i.e. the injury was foreseeable).
5. The manager’s or landlord's negligence caused the resident’s or visitor’s accident.
6. The resident or visitor was indisputably hurt.

Maintaining your property should be of utmost importance to avoid issues, such as tenant or visitor injuries. Keep in mind that a resident can file a personal injury lawsuit or claim against the manager’s or landlord's insurance company for medical bills, pain, lost wages, other physical suffering, permanent physical disability, and emotional distress. A tenant is also able to sue for damage to personal property, such as to a computer or vehicle, that results from defective maintenance or hazardous conditions. Luckily, almost all situations such as these are avoidable. Be proactive with your maintenance and timely with your repairs, and you will never put yourself at risk.

Disclosures Before a Renovation

If you’re considering a renovation project for your community, there are a few key things to keep in mind. Whenever renovations are being performed on occupied rented units or common areas in a building that was constructed prior to 1978, the EPA requires that all current tenants receive lead hazard information within 60 days of the date when the renovation project is planned to begin. To further clarify, the EPA defines “renovation” as any change that disrupts painted surfaces. These regulations, effective as of June 1999, were developed under the federal Toxic Substance Control Act.

If the renovation project is occurring in an occupied rented unit, the landlord or contractor must give all residents of the unit a copy of the EPA pamphlet “Protect Your Family From Lead in Your Home”. If shared areas are being affected, the renovator must pass out a notice to every unit in the building that outlines the location, the nature of the work, and the dates that the work is going to begin and end.

As with many things, the best defense is a good offense, so be proactive about alerting your tenants about renovation projects, and always keep them in-the-loop. By following the necessary steps to make sure that you’re following federal regulations, you’ll set a precedent of honesty and mutual respect.

The Best Security for Your Property

 

Winter Safety Tips

Winter can put your community at risk. Here are some tips to ensure a peaceful winter season for you and your residents:

- Keep water away from buildings. Make sure to clear snow and/or water from basement window wells. Create barriers around basement windows to prevent water from running into them. If possible, shovel snow away from walls.

- Make sure gutters and spouts are clear. Direct runoff away from the structure.

- Remove snow from doors and windows. Windows facing the wind or snow drifts may be prone to damage.

- Clear areas around exhaust pipes and air vents on heaters, furnaces and dryers.

- Watch for snow-covered trees close to buildings, since branches can break and cause damage.

- When safe, rake snow from your roof. Alternatively, hire a roofing professional to do so. Melting snow can re-freeze in the eaves, forming ice dams that interfere with drainage and crack your shingles. You can reduce the risk of ice dams by keeping the attic area cold.

- If working on the roof, use a ladder.  Have someone hold it to prevent tipping/sliding.

- Remove snow blocking roof vents.

- Icicles can indicate water drainage problems. They can also pose a hazard to anyone working below them, so knock them down before working under or near them.

- Don’t overestimate your abilities. It’s safest to do roof clearance work from the ground using proper tools.

- Watch for unexpected flooding during snow melts.

- Never leave active candles or fireplaces unattended.

- Never place space heaters near young children. Don’t run heater cords under carpets, leave them unattended, or operate them while you sleep.

- If you leave for an extended period of time, don’t turn off the heat. Frozen pipes can burst and cause serious water damage.

- If you must leave, open sink doors so warm air can get to the pipes.

- When away, have someone check on the property twice a day to make sure there is no flooding or water intrusion, that pilot lights are lit, and that refrigerators and freezers are running properly.

Look Out For Slips & Falls!

If an employee or contractor slips and falls, you risk lost working hours. If it’s a tenant, they might move elsewhere. And either way, the owner/manager is exposed to a possible lawsuit. So what’s the secret to battling this costly danger? It’s simple:

Good housekeeping.  

Keep your eyes peeled for spills, grease, or dust. (Flour, sawdust and machine byproducts can be highly slippery.) Winter rains or landscape irrigation can make for large wet areas, but even small puddles created by drinking fountains or wet shoes can be a major hazard.  Clean them up as soon as you see them, and post prominent warning signs to warn against damp spots.

Certain jobs are especially vulnerable to slips and falls. For example, if contractors or tenants will be pushing loads across a space, consider slip-resistant floor surfaces. Even improved lighting or well-placed hand rails/poles can significantly reduce the hazard. Of course, stable hand rails and bright lighting are essential in stairwells and parking/paved areas.

Pay close attention to sidewalks. Are tree roots causing them to buckle? Might they in the future? When possible, monitor contracting work (jackhammering, etc.) so it doesn't create walking hazards. Seal off uneven/pitted areas until they can be fixed.

Nothing is an insignificant slip and fall risk. An experienced property manager will create a clean, uncluttered space, and see your building with fresh eyes every day.

Renter’s Insurance Buys Peace of Mind

Your landlord’s insurance protects the roof over your head.

If the event of a disaster, their policy covers damage to the structure, meaning the roof, the fixtures, the floor and the walls. Why? It’s their property. But your landlord’s policy doesn’t cover your property. That’s why you need renter’s insurance.

Without it, your property—beds, books, clothes, carpets, electronics—is vulnerable to fire, floods or other disasters. If you’re not insured, losses are your responsibility.

We all hate to add another bill to the pile—but disasters can happen to the luckiest people in the world. So contact your insurance company today and ask them about renter’s insurance. Many companies offer discounts when it’s combined with car insurance or other policies.

A small monthly payment buys priceless peace of mind.

Spotless Apartments Close the Deal

Prospective residents don’t just want a place to sleep. They’re looking for new homes, places where they can relax and grow their families for years to come.

You have a lot to offer them. Your neighborhood is great, your community is attractive and full of amenities … you might even have special offers for new residents. But there’s a secret to getting units rented:

Don't show them unless they’re move-in ready.

Maintenance is Your Secret Weapon

A resident has lived in your community for five years. He pays rent on time and is a good neighbor. Now his carpets need cleaning, and he’s asking you for help.

Although the lease doesn’t obligate you to clean the carpet, you may want to consider doing it.

If a resident’s lease is up for renewal, extra maintenance can help close the deal. Inform him that it’s being done as a courtesy—and perhaps make bigger jobs contingent on automatic renewal.

Property managers won’t be able to do this without the owner’s consent, of course, and owners should consider how a little outside-the-box maintenance can strengthen relationships and lower turnover.

The lease is important—but it’s not always compatible with smart, forward-looking business. Courtesy maintenance leads to long-term residents and gives your community strong word of mouth.

Exceptional Customer Service: Growing Your Business

Every business claims to provide exceptional service to every customer, every time. But what does this mean? Is there a difference between simple good manners and customer service that grows your business? It's certainly important to smile and be ethical, but your business depends on expanding these basic concepts and applying them in nuanced ways. Exceptional customer service anticipates what owners and residents want so they don’t simply leave your office with a good feeling—they leave with the incentive to come back. Here are some customer service best practices that every property manager can apply:

1. Listen to what your customers say. All customers aren’t the same. Listen, ask a few thoughtful questions and customize your response. Not only will you learn something new, your customers will feel more connected and loyal to you.

2. Make personal connections. This can be hard when you have a lot of customers, but you can do it. It doesn’t take much. Send handwritten thank you notes. Acknowledge birthdays, weddings, or graduations. Remember names and faces.

3. Be uncommonly responsive. Everyone responds to queries, but not everyone does it within hours. Even if it’s just an acknowledgement that you got the message and will call back shortly, your clients will greatly appreciate the response.

4. Set expectations and follow through. Keep your word. Deliver owner statements on the day you promised. Tell owners how you’ll market their properties, then provide examples. When you schedule a contractor for a tenant’s unit, make sure they get there. If they don’t, explain why.

5. Place customers at the center of your business. There’s only one way to do this: ask your customers! Check in with a few of them once a month and ask what you should be doing to keep them. Then find a way to do it. This way you don’t just react to them; you build your business around them.

Remember, service isn’t a compliment to selling. Service sells. Saying ‘please’ and ‘thank you’ is necessary, but not enough: find ways to stand out from the crowd every day.

Creating an Emergency Preparedness Kit

If a disaster—an earthquake, sewage backflow, wind damage, fire—forced you from your property for weeks or months, are you set up to effectively manage elsewhere?  Keep a moderate stock of emergency supplies, and think about how you'll need to deploy them. A little planning will keep your own life stable, ensure continuity for your business, and help your residents get home quickly.

To protect your property, a few dozen plastic tarps, several wet-pickup vacuums with wands and floor attachments, and a few floor squeegees provide a primary level of protection at a moderate cost. A case of absorbent wipes can also be useful. Rapid response is the key to damage control. The ability to swiftly deploy tarps over computers, production equipment, file cabinets, and other critical components can dramatically curtail the extent of damage.

Items to keep in your emergency kit or to gather during an evacuation if possible include:

- Insurance information, health and homeowners policies
- Family photos, irreplaceable mementos/jewelry
- Digital property inventory CD and printout
- Wallet, checkbook, and credit cards
- Canned goods, baby food, and food for pets
- Can opener/multi-purpose tool/sharp knife
- Bottled water, non-perishable food, water purification tablets
- Work gloves and boots
- Waterproof matches and candles
- Transistor radio, flashlight, and extra batteries
- Duct tape, electrical tape         
- Toiletries, toilet paper, feminine products, diapers, and wipes
- First aid kit
- Cell phone, laptop, and car chargers (keep these items charged at all times)
- Extra clothing (i.e., socks, underwear)
- Sleeping bag(s)
- Address book, paper, pens
- Medication and prescriptions
- Extra batteries

In the event of a disaster, these items will help keep your family together, your business running, and get everyone home as soon as possible.

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