The Property Management Shop

by Marc Wilson

Q. We have a tenant who often calls with small and sometimes illegitimate repair requests. Last week she called three times in two days because one of her kitchen drawer handles came unscrewed. The preceding week she requested that we replace the light bulb in her refrigerator. Her attitude is horrible, and her expectations relative to the timeliness of repairs are unrealistic. It never ends with this woman. What should we do?

A. I am continually surprised and eternally grateful that there are not more “difficult” tenants in San Francisco. Think about it: a rent controlled apartment in a community with only just-cause evictions is a ticket to free your inner jerk. A San Francisco tenant can be as contemptible, ill tempered, malicious, nasty, small-minded, unkind, and spiteful as he or she wants and suffer no consequences–for none of these characteristics are a just cause for eviction. A San Francisco tenant cannot be evicted for simply being a jerk. In just about any other rental market in the world, one is free to sever dysfunctional relationships, but not in San Francisco. Only the tenant can sever your relationship. It is truly a compliment to the human spirit and to mankind that more tenants do not take advantage of this situation. I guess people might be inherently good natured after all.

The ability to effectively manage difficult personalities is a life skill; it is one of life’s most useful tools that you definitely want in your toolbox. It is also one of the reasons I am not quick to intervene if my kid has a difficult or incompetent coach, teacher or friend. The only way to learn to deal with difficult people is to deal with difficult people, and life gives us ample opportunities to practice. Most, if not all, of my property management policies and procedures are designed with difficult tenants in mind. Although difficult tenants comprise an infinitesimal percentage of my total tenants (occurring probably in the same frequency as difficult owners), they take huge amounts of time and energy. They need to be effectively managed or, if given a chance, they will ruin the quality of your life or business.

First, you need a proper and defined repair request procedure. One of your problems is that you and your tenant can argue about what is and is not a reasonable response time for repair requests. You and your tenant can argue because you did not agree to an acceptable procedure at the inception of the tenancy.

Add this clause to your rental agreement: “MAINTENANCE AND REPAIR REQUESTS: All non-emergency repair requests to be made in writing and mailed or faxed to owner/manager. Non-emergency repair requests will be acknowledged within 7 days of receipt. The actual repair will be performed within 21 days of receipt of the written repair request.” (As a matter of practice, we actually acknowledge repair requests within 24 hours and affect the repair within 72 hours.) In my experience, no prospective tenant has ever balked at signing this clause. Had you used this clause, you could send a copy of it with your tenant’s initials as a reminder to your tenant and end any and all debate about the timeliness of your building repairs.

It is too late for you to define your system at the inception of this tenancy, but it is not too late to implement your new system. Serve your tenant with a 30-day notice of change in terms of tenancy, which includes the attached clause, and implement the new system. All of your new tenants and old tenants, who are now subject to your new repair request policy, should receive ample copies of the Resident’s Service Request Form. This little form gives your tenant a convenient way to both inform you of a repair request and give you written permission to enter their apartment simultaneously. You can purchase this form from SFAA. In a perfect world, you will receive only written repair requests from tenants whose leases clearly define your obligations relative to the timelines of maintenance and repairs.

Try not to deviate from your new policy. Do not accept verbal repair requests from tenants who corner you at the property. I consider it mildly obnoxious when tenants make verbal repair requests when they see me at the property. Remember, we have a policy, a system for tendering repair requests. We do not deviate from this system. I politely remind the tenant about the system and ask him to place his repair request in writing. Similarly, don’t accept rent checks from tenants who approach you at the property. You have a system for the collection of rent checks, don’t you? Aren’t rent checks supposed to be mailed or dropped off at a specific address or location? I am quite sure that your rental agreement does not authorize a tenant to track you down at the property to tender the rent payment. Do not deviate from your rental agreement. Written and enforced policies, procedures, rules and rental agreement covenants tend to take all the fun out of dysfunctional relationships. If you stick to your policies, most difficult people will find someone else with whom to interact. You want to structure your affairs so that you are just no fun for problematic people.

With regard to illegitimate repair requests: I tell tenants that I don’t change light bulbs in occupied apartment units unless the tenant is disabled or the light bulb is inherently dangerous to replace (i.e. very high or in an otherwise remote location–like a church ceiling). You might get frequent and incessant requests to paint an apartment that does not require painting. In this event, send a letter informing the tenant that the unit’s paint, in your opinion, falls within acceptable habitability parameters. If the tenant continues to insist, request in writing that the tenant contact the San Francisco Department of Building Inspection for a professional opinion on the matter. The building inspector will send you a notice of violation with regard to what you need and don’t need to do. San Francisco building inspectors seem level headed and even handed to me. I can’t imagine a San Francisco building inspector demanding that you paint an apartment that does not require painting. The inspectors that I have met only require painting if the paint is peeling off the wall. May all of your relationships be happy, fulfilling and–most of all–functional!

The opinions expressed in this article are those of the author and do not necessarily reflect the viewpoint of SFAA or SF Apartment Magazine. Marc Wilson has specialized in the brokerage of San Francisco apartment buildings for 20 years. He can be reached at 415-229-1275. Copyright © 2007 by SF Apartment Magazine. All rights reserved.