Legal Question in Real Estate Law in California

My tenant wants to install flooring at her expense. She will make payments to the company. She wants a written consent saying I will not sue her in the future.


Asked on 2/01/10, 8:57 pm

3 Answers from Attorneys

Melvin C. Belli The Belli Law Firm

Sure just make sure it is limited to the installation of the flooring.

Good luck and hope this helps

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Answered on 2/06/10, 10:01 pm
Bryan Whipple Bryan R. R. Whipple, Attorney at Law

The troublesome part here is "she will make payments." What if she doesn't? The installer may be entitled to a mechanic's lien. I am tempted to tell you to tell her to pay cash. On the other hand, this looks like a good deal for you - a free improvement.

There is probably some arrangement or deal that can be made here, with great results, if everyone involved is ethical and trustworthy. I hate to disparage deals like this, because many work out well. However, there is a lot of room for broken promises and acrimony.

Do it on gut feel based on good people making the promises, and get things in writing. Use a licensed contractor. Make sure the contractor gets paid on time. Make sure the work is something that adds value to your property, in case you get stuck with part or all of the tab.

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Answered on 2/06/10, 10:09 pm

Whipple yet again is opinining beyond his knowledge. Though to his credit he does sort of spot the issue. By giving and posting a statutory "Notice of Non-Responsibility" a landlord who does not contract with a contractor for improvements made by a tenant prevents the contractor and any subcontractors, suppliers and laborers from seeking payment from the owner. As between you and the tenant, however, I would never agree to bind yourself to an agreement not to sue her. Because you have no contract with the contractor, and especially when you insulate yourself with a Notice of Non-Responsibility, your tenant is the only link between you and the contractor if the contractor does damage or injures someone or any number of other things that could go wrong. You need to keep her on the hook if there is liability. Now if you want to craft a narrowly worded agreement that you consent to the work and will not sue her under the lease for unapproved modifications to the premises, that is fine, but you really should spend a few hundred dollars on an attorney just to look it over before either of you signs it.

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Answered on 2/08/10, 12:43 am


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