Garage - Landlord Forum thread 355039

Garage by Rebecca (Colorado) on November 11, 2017 @17:46

I'm renting out my first property and my tenant is leaving the garage door open at all times because he can't fit his pick up truck in all the way and refuses to park it on the street.
I've repeatedly told him my concerns with leaving the garage door open (aka, security, freezing pipes connected to fire sprinkler, and drywall) he informed me that he had already spoke with multiple companies and that they confirmed that, even open to all elements of weather it will be fine and that it was on me to get the fire sprinklers inspected yearly. I spoke with the fire sprinkler company that installed the sprinklers on the property and the sprinklers are a "wet" system" and are at a risk of freezing a bursting at freezing temperatures. Also, that because they are built into the drywall an inspection is unable to occur. My tenant is still giving me a hard time and not closing the garage door. I will be putting this in the lease next year but what rights do I have to tell him he has to have the door shut? Thanks for your help!

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Re: Garage by Garry (Iowa) on November 11, 2017 @22:34	[ Reply ]

I would suggest that you contact an attorney in your area. Have him/her check on any laws about a landlord be able to protect their property from freezing and bursting water pipes. In Iowa, if a T gets the heat turned off on them during the winter, and there is a chance of having frozen water lines because of no heat, the LL can go into the home on an emergency basis, and shut off the water, and drain the pressured and drain system, to protect his/her property. It's possible your laws would allow you to do the same. It's also possible, your laws may give you the right to eliminate the problem of the cold getting to the sprinkler system, by removing the pickup to the outside, closing and permanently securing the garage door closed, until Spring. However, you may have to give the T a reduced amount of rent, because he would not have access to the garage after you secure it. Question-----does the T just have an extra long PU, or is your garage just too small to accommodate larger vehicles ? Is there a workbench, or other items at the front of the garage, that could be moved, or taken out, that would allow the PU to be totally inside the G. with the door down ? If that's possible, it's a solution for both of you.

Re: Garage

Re: Garage by AnonymousFL on November 12, 2017 @17:19	[ Reply ]

Your tenant is not listening and he doesn't sound like he is willing to work things out. If you don't want the pipes to freeze, you will have to take a stand regardless of what the tenant 'thinks'. Get your installer's opinion in writing. Send the tenant a remedy or quit notice and include a summary of the installer's opinion (but I would not send an actual copy). Drive by the property as often as you can to confirm. Don't forget to take a camera. And it does seam frivolous, but putting a note in the lease about keeping the garage door closed is probably a good idea.

Re: Garage by Hernot on November 13, 2017 @07:48	[ Reply ]

There is a simple solution to your issue. First some facts from the NFPA; "Installation standards define how and where wet piping systems are supposed to be installed, but part of the responsibility rests with building owners and operators. According to paragraph 4.1.1.1 of NFPA 25, Standard for the Inspection, Testing, and Maintenance of Water-Based Fire Protection Systems" “The building owner shall ensure that all areas of the building containing water-filled piping shall be maintained at a minimum temperature of 40°F (4.4°C) and not exposed to freezing conditions.” "NFPA 13, the standard for the design and installation of sprinkler systems, mandates that when a sprinkler system can be exposed to temperatures below 40° Fahrenheit, measures must be taken to ensure freezing conditions are prevented". Your state has adopted this code, so if the tenant is interfering or not abiding by it, that is a lease violation. Your lease should contain that the tenant will abide by Local, State and Federal laws pertaining to the rental property. Your insurance company most likely requires that a temperature of 40 degrees be maintained during freezing weather in order to cover any damages. Your lease should also contain language that states that the tenant may not do anything that would endanger the landlords insurance coverage. Doing so would be a violation of the lease. No one mention whether or not the tenant has "renters insurance" and in a proper amount for such conditions. Every landlord should have standards as to what kind and size of tenant vehicles are allowed on the property. If this was done, the issue of a large truck and a small garage might have been avoided. An 18 foot deep garage is below the average size of 20 feet deep. Parking spaces are required to be 18 feet deep by most building codes. Your options are to issue your tenant a violation of the local building code requiring a minimum temperature and a violation for endangering the landlords insurance policy coverage. If no compliance, then the next step would to enforce the violation by starting an eviction. Your local Fire Department can assist you in locating any codes that might apply for your area. 'Do not' under any circumstances fix the garage door where it cannot be opened. The garage is considered an emergency escape route in case of a fire or emergency. That's why the little red pull handle is there for, to release in case of an emergency.

Re: Garage