As a tenant over many years in many houses, not having it replaced would annoy me. It’s not their fault it tore. Most stuff isn’t in leases and there is an expectation it will be fixed or replaced if broken. If this was there when they rented, it should be fixed. It’s attached to the house, not a piece of furniture.
So your reasoning is, cap, that the tenant escapes the replacement cost because he isn’t at fault? So you are saying the LL must pay the cost of replacement because it is his fault it tore? Interesting, that cap mentions “fault” as the determining factor, but I respectfully disagree.
If this home has painted exterior walls, and through normal aging, weather, and wear it needs to be repainted- is the LL required to repaint? Those here that say- that’s how it was (nicer) when they accepted the deal- would answer yes, LL has to do so to keep it as pretty as it was. But the answer is NO, the LL does not have to legally paint the house. But it is a matter of good policy and good business to do so.
As a LL over many years in many houses, I see a clear distinction between legal requirements(in my state) and good policy. In my experience, I have often found well-meaning tenants and their advisers have often been mistaken on what the LL has to do. Plus, the idea that it’s easy to obligate someone else to pay a bill.
As a matter of good policy, I’d ask tenant to look into pricing and if he found what I liked, then I might go ahead. This shows good faith from the LL, but puts the burden of looking for good pricing on the tenant, giving him incentive to find good pricing if he is serious about wanting a replacement. This way the tenant cannot blindly say- Make the LL pay!
How about going to IKEA and getting those nice square or retangle patio umbrellas…with stands. They cost all of $150 each…and can be moved around. Friend has two on her patio…and they cover a large seating and eating area.
Sort of a middle ground. Provides shade…but really…no installation involved other than putting the umbrella parts together and sticking them in a cast iron frame.
http://www.ikea.com/us/en/catalog/categories/departments/outdoor/17887/
I am pretty sure that if I was a tenant, I would do either one of two things:
- Either ask if I could replace it myself, with no burden or cost to them.
- Tell them that this is what they cost (I would find a deal, plus something that looks nice), and we can put it in ourselves for free, would they be willing to pay for the tem?
I don’t see saying, “Oh, my fair skin needs to be shaded. You take care of this!” If you want people to do something for you, you make it easy for them.
If I understood correctly, the homeowner is the one who is fairskinned. OP is a relative who is the property manager and it seems not local which makes things harder.
My initial argument was never from legal perspective but what is right. An awning won’t increase value but it will increase curb appeal. The snow is new info. NorCal means a lot of things. From your temp range, I expected Sacramento area weather.
As to 90 degree highs, the evenings are lovely on such days. No humidity and probably upper 70’s to lower 80’s by dinner time. We spent many evenings on our patio under a cover in the summer in an area that hit 100 routinely. An umbrella isn’t ideal because the sun is lower in the sky and there is a big difference in temp in the sun and in the shade.
I agree the tattered shade should have been removed before the tenant got there but it wasn’t.
If there is a pergola type structure overhead, it is doubtful that an umbrella underneath would work.
There is all kinds of stuff online for cheap. A quick google search pulled up this as first hit with a wide assortment of options from $60-120. Many more like this available.
https://www.gardenwinds.com/replacement-pergola-canopy-c-297.html
I’d go with one of the canopies doschicos found online and be done with it. Some of them don’t even require installation beyond laying the thing over the pergola and installing a weight rod in the pocket at the end. (Looks like you have to buy the weight rod yourself.)
A good tenant is worth keeping.
As a landlord, I would think the right thing to do is to get it fixed, perhaps more than is legally required. I would suck up the hassle factor in being far away, because as others have said, it is worth keeping a good tenant.
I would ask the tenant to please confirm measurements and tell them I would pay for it and have it shipped for them to please replace themselves, and thank them for working with me on keeping the property in tip-top shape.
I wouldn’t bother going for corrugated plastic, etc.
I thought the tenant wanted some sort of plastic on the pergola because cloth covers rip eventually…
The plastic sounds ugly (sorry) and could magnify heat coming through. I don’t think this about durability, BB, but the coverage.
Being a LL, younhoss, isn’t just about what’s legally mandated.
@lookingforward - this is from the OP.
“When they moved in they asked the contractor about the wooden patio cover, it has those 1 or 2” x 4-6" pieces all across a large concrete patio, they wanted to know about putting those corrugated plastic pieces on to “roof it.” He gave them a price and they never mentioned it to me, but he had warned me it might be coming."
you’re right, lookingforward(post 29). But you don’t need to remind me what a LL is being about; I am a landlord of multiple units now, and have nearly 25 yrs experience.
That is why I have stated in this thread, my posts 4, 17, and 21, other perspectives that I consider good policy in addition to the legal perspective.
So your reasoning is, cap, that the tenant escapes the replacement cost because he isn’t at fault? So you are saying the LL must pay the cost of replacement because it is his fault it tore? Interesting, that cap mentions “fault” as the determining factor, but I respectfully disagree.>>
The tenant rented a covered patio. I would be annoyed if it wasn’t replaced - maybe fault wasn’t the correct word. I’m not sure what word I would use though. It was a feature there and now no longer is. Not the same as a paint job.
This is coming from a former tenant who replaced kitchen cabinets, counters, added lights and fans, replaced plumbing, removed wallpaper, repaired fencing, etc and on average made one call for maintenance during a 2-3 year lease - for things such as a broken hot water heater or broken garage spring. All done with owners’ blessing.
Another idea is to remove the torn shade cover and use several shade sails over the pergola to provide shade. Home Depot and Lowes also sell the shade cloth, sometimes on rolls… I think a long time tenant is worth accommodating and could be a great source of a replacement tenant when they are ready to move out. Shade is cheap.
I was coming in to recommend the sail shades also. I would likely tell the tenants “Look I am willing to pay/offset up to $200 on this but not more.” I do think keeping a tenant happy makes them more likely to be good to the property.
I think a lot of the simple and less expensive options are difficult because Somemom doesn’t live in the area.
My D recently moved into a house with a huge medal pegoda like structure. It obviously at one time had a cover but no longer did. They have ordered a replacement from an online source and will install it. I think the tenants if shade is that important they can order a inexpensive shade cloth and put it on themselves. I think the OP already said it isn’t the only shade offered in the yard.
I am quite a distance away and have lost my local handyman who took care of things for years, now that the market bounced back, he’s building houses. The idea to pay for the cloth and have them install is great, except in this case, these people seem incredibly helpless and I don’t think I want the liability of them up high 
I will seek referrals for someone who could do this.
My bad attitude probably comes from loosing my handyman and the sheer volume of calls and emails to find anyone else to do anything this year!
You could purchase the materials and hire one of those Rent a Husband/Handyman businesses to install. I can’t imagine it would take more than an 1 hour or so for someone somewhat handy. Shouldn’t be expensive.
Be sure whomever is hired has Worker’s Comp insurance and indemnifies you before they do the work. You don’t want to end up with someone’s huge medical bill plus bill for lost wages if someone tumbles or is injured.
I’ve had great luck finding skilled trades people with Home Advisor.