Modifications To Property By Tenant
Hi guys,
Finally made my first purchase (yipee!) So now the fun begins...here's the scenario:
Tenant is a 76yr old male (uses a scooter). His family wants to build a deck on the back of the house so that he can sit outdoors and for easy access to the back door. Lease is already signed.
Questions:
1. What should I do to prevent liability should the deck collapse?
2. Does this addition require a building permit? (I live in TN)
Thanks in advance for the advice. JME 
You will have to check with your city hall and ask about permits. Improving a property is alway in your best interest. You may check with your insurance carrier about the liability involved, if youre insured properly you shouldn't be concerned about liablity.
You may want to consider it be done by a "certified" builder/contractor or making an agreement to have the "improvement" inspected for safety and proper construction before allowing use of it. If it does not meet your or your inspectors guidlines they have to agree to fix it to where it does before you approve use.
I have a tenant who improved the property and when his lease expires I will be able to raise the rent much more than I would have with out the addition.
Follow Dreamin's advice about using only licensed contractors here. Give your tenant a letter stating that they are allowed to build the deck on these conditions: approval by you of a licensed contractor, that they agree to pay for the services of the contractor in full, that the deck must pass final inspection before use, and that the deck will become part of the property upon completion (so if they don't exercise their option, get kicked out, etc., the deck is yours). The project should also have a completion date.
Give them a copy with your signature and date, and have them sign a copy to keep for your records.
You may even want to run this by your attorney for a professional opinion on the subject/letter how-to.
Roger
In Ohio, if the deck is not permanently attached to the house, it does not need a building permit.
I definitely agree that a quality control issue is at hand. Since they don't own it, they may not be as meticulous about its construction as you would be.
Probably, it won't be a big deal, but I'd hate to have to tear it down when he moves out. Not an earth shattering expense, but a pain in the patoot.
Ronnie
The guiding light is to obtain the correct building permit for the city limits. The addition MAY raise your property taxes, but ensure that the addition (deck) has been properly inspected for compliance to the obtained building permit. This will also ensure that the construction, labor, and materials used meet or exceed the city building codes.
[addsig]
Wow! Thanks for such quick and thorough responses.
The son is a contractor (?licensed?) Not sure if I will run these questions by him, wouldn't want to spill the beans on the water behind my ears.
Will get in touch with the city and a contractor today.
Thanks again
If he's not licensed, if it's not required, at least make sure he's INSURED!
If a permit is obtained, the city should inspect it to make sure it was completed correctly and to code.