Crazy Message from LL

[Mrs. D]

What is the name of your state (only U.S. law)? DC

Sometimes I wonder...

I got this e-mail from my LL this morning:

Hello girls! Hope this holiday season finds you all well. I just wanted to send you a quick reminder that, with this rough patch the economy is in, crime has been increasing throughout the city. We ask that you do everything you can to prevent burglary and vandalism of the house. Please remember to lock all windows and doors, keep the back fence gate locked, use your deadbolts and security gates, and keep an eye out for suspicious characters. As [Mr. LL] and I will be traveling this holiday season, we want to remind you that it is your responsibility to make sure the property is monitored. Please be aware that any damage to the apartments or building caused by break-ins is the responsibility of the tenant.

Best,
[LL]

Yes, yes, I have renters insurance. And yes, yes, it includes liability and legal representation. However, I'm a still a little concerned about those two bolded lines.

First of all (first sentence), DH and I are outta here tomorrow night. All our neighbors are already gone. I suppose we could put in last-minute calls of desperation to everyone we know asking them to keep an eye on the place, but is this statement something she can really go to the mat with? If we don't find a housesitter and something happens, can she consider us properly notified that we were to have someone monitoring the property? Our lease only says we must notify her of absences of more than 2 weeks (we'll be gone for 5 days, and let her know this in November even though it is under 2 weeks).

Second line...I assume this is total hot air, however, I also don't want to be dragged through a civil suit over broken doors and windows if this were to happen. To get in our apartment would be a monumental feat that would probably cause lots of damage, as we have double-locking windows and deadbolts and security gates on all doors. We had 1 attempted burglary in the last year that caused minor cosmetic damage to a door...she fixed it and never said anything except "thanks for calling the police" (I was home).

Should we chalk this up to our LL being a total flake, or respond to these statements?

 

[Alaska landlord]

I would send her a letter indicating that you too will be out and expect that the after taking all necessary measures, the minimum security features of the apartment will be enough to keep the Badguys away.

 

[Mrs. D]

I have no doubt that the security measures in the apartment will keep people out, or at least slow them down enough that someone will notice before they're successful. What I am concerned about is her statements that we are now responsible for monitoring the property and paying for damages caused by burglaries or attempted burglaries. I don't want to give my tacit acceptance of these new terms by simply responding with "yep, we'll be out, too...we'll make sure to lock up." My question is should I respond more formally by saying "per our lease agreement, we will take all reasonable precautions to secure the property, but decline to accept responsibility for damages to the premises caused by criminal activity and/or a lack of full-time monitoring of the premises."

 

[ecmst12]

You have 2 choices. 1, ignore the message because it is total hot air. 2, gently remind the landlord that you are not responsible for any damage to the building which is not directly caused by your negligence.

 

[Alaska landlord]

If you carefully word your letter you can let her know that you will take appropriate measures under your control and that you accept responsibility for any accidental or intentional damage any of your guests may cause. This will serve to notify her that you do not accept the premise that you are responsible for damages caused by non guests. Or, as suggested, you can just ignore the letter and wait till you actually have to fight this battle at a later date. Either way, her stipulation is unenforceable and will not hold up in a court of law.

 

[cyjeff]

There is another way to read this... but, granted, it is very poorly written.

That with the LL off site, he/she is asking the tenants to look out for each other. She throws in the last part that says that if there is a break in, the LL is not responsible.

Which is pretty much normal.

I will say, however, this is a really weird communication...

 

[johnd]

The only real problem I have w/ the note is the last sentence:

"Please be aware that any damage to the apartments or building caused by break-ins is the responsibility of the tenant."

Tenants cannot be held liable for those things out of their control. Whilst the note is oddly written, I agree w/ cyjeff that the LL seems to be reminding the tenants to be vigilant. The fact that he mentions his personal business, calls them "girls," and mentions certain crimes, makes him unprofessional at best, creepy at worst. And making tenants liable for things out for their control may very well place him in a legal quagmire that he cannot crawl out of.

 

[Who's Liable?]

Unenforceable....

 

[Mrs. D]

The fact that he mentions his personal business, calls them "girls," and mentions certain crimes, makes him unprofessional at best, creepy at worst.

My LL is female, and all the tenants (except my DH, who is an authorized occupant, not on the lease, and the LL doesn't communicate with about "tenant stuff") are 20-something females. Typical address from her, including letting us know (sometimes) that she will be out of town, as we should call her husband's cell phone in case of emergency (she's a total flake and always forgets her charger...what can I say?). The last part just weirded me out because she doesn't typically involve herself in even the slightest of legalese (and I am a quasi-legal official, so I read legal responsibility into everything).

I'll send her a reply this evening noting that we will be out of town, have taken all reasonable precautions within our control to secure the apartment, and welcome working with her to keep the apartment safe. Aloof and non-committal.

 

[johnd]

IMO, unless you're under the age of 16, calling you "girls" on a business matter is still unprofessional...even if she is a "girl." Seems like something of a double standard...doesn't it?

Unprofessional memos from the LL (whether male or female ) begets a less than satisfactory relationship and reactions from a tenant. Too cozy for me...that's all.

 

[Mrs. D]

IMO, unless you're under the age of 16, calling you "girls" on a business matter is still unprofessional...even if she is a "girl." Seems like something of a double standard...doesn't it?

Unprofessional memos from the LL (whether male or female ) begets a less than satisfactory relationship and reactions from a tenant. Too cozy for me...that's all.

Honey, you're talking to someone with an MA in poli sci...which, in fact, requires classes like "women and politics" and "gender controversies" (even if you're a *little* more interested in international law). I have all kinds of theories about the use of the word "girl," but fact remains that is what she uses. She is used to renting to people fresh out of undergrad, maybe 22 or 23, and on their own for the first time.

Yes, her casual relationship with tenants sometimes begets immature and unprofessional behavior. Whatever...so long as everything is working and the rent is reasonable, I'll treat her like I would anyone else I have a business relationship with. Including when she, intentionally or not, tries to create a new obligation for me.

 

[las365]

She can't unilaterally change the law regarding liability by writing you a note. Ignore the letter, take the usual reasonable precautions (by locking up before you leave, leaving some indoor lights and the outdoor lights on, canceling your newspaper delivery for the time you are gone) and enjoy your vacation.

 

[Alaska landlord]

Unenforceable....

voidable
Even if D agrees to it, LL cannot enforce an agreement that transfers her responsibility to the tenants.

happy now?

 

[Alaska landlord]

I don't know, but I have a problem with the word "Honey" sounds a bit condescending.

 

[Mrs. D]

Just thought I should say that we typically take the step of having someone watch out for our house when we are gone. DH and I both travel regularly for our jobs and when one is sent away and the other is not, we see it as an excellent opportunity for a low-cost vacay (airfare for 1, the rest is covered by employer-paid hotels and per diem), and in those cases we give a set of keys to the neighbors and let them know when we'll be back. Always been good, especially this last time when the P.O. ignored our mail hold (neighbor started picking up our mail...darling that she is). We got our neighbors across the street this time to agree to keep an eye on the place, as they are staying and their dining room has a nice big bay window that looks right into our living room window.

I just didn't want to even end up in court should someone come in the back, unbeknownst to our neighbors, and really mess up the security gate and door in the process, and have the LL drag us into court for the cost of the damage to the gate/door. The last attempted break-in was someone who jumped the back fence and tried to crowbar their way into the back door. Of course, we realize our stuff is our responsibility, and that's why we have renter's insurance. But we don't think that we should be on the hook for the doors/gates/windows.