<BLOCKQUOTE><font size="1" face="Verdana, Arial">quote:</font><HR>Originally posted by David J. Miller:
Like Mhami said, buy the paint yourself so you are certain the home is not being painted a color you dislike. Additionally, get everything in writing. i.e. T agrees to and list specifically what is to be painted and what color (specifications). L agrees to purchase all products and materials and reduce T's rent by $X in exchange for said work. Have a clause that references the part of the lease that talks about damages so that T's do not misinterpret this agreement as a license to damage the property.
And if all else fails leave the property in it's present condition. As I said, it's your house and you do not have to make improvements or allow the tenants to make improvements if you don't want to. (Unless the house is in violation of local building code.)
I am not an attorney or a painter or a carpenter, plumber, cement mason...I'm not a rich man. I'm not a tall man. I'm not a particularly attractive man nor am I a milk man or a post man... I'm just simply "the man." Heeheeheehee <HR></BLOCKQUOTE>
Here is what I do.
Include in a written agreement signed by both L/T:
1) description of the work that will be completed (in detail ie. color and type of paint, type landscaping flowers, grass, floor covering, repair work etc.), who will supply the material and pay for the material.
2) the date the work will commence and the completion date.
3) the value of the work ie. for painting the 3 rooms, upon approval of L, L will pay T $ 500
or give written approval that T may deduct said amount from the rent due.
4) L must approve the work within 5 days of completion. If the work is unacceptable, T will receive no payment or rent credit.
Remember not to have T take on work that only licensed contractors are supposed to do such as plumbing and electrical work. Also do not agree to have T paint areas where tall ladders and scaffolding needs to be used (to paint, repair high walls, ceilings, second story walls, roof eaves etc.) due to potential injury liability. T could be considered an employee of L and not an independent contractor so if there is an injury your homeowners insurance would have to cover any claims.
Lastly, from a tax standpoint, I have better proof to claim a deduction as a repair/maintenance expense if I pay T for the work. If T deducts the amount and pays the net rent, I can only claim the net income as rent with no deduction proof.
[This message has been edited by HomeGuru (edited October 27, 2000).]