Tenants' bill for storm cleanup out of order

Q: After the big windstorm, tenants who live in my rental house cleaned up several large branches that fell onto a power line. They did this without consulting me and want to be reimbursed about $1,000 for the work they did. What are my rights and obligations as a landlord?

A: Looks like the tenants are making a case that since the storm necessitated cleanup and they did it without being asked — a good deed on their part — they deserve to be compensated.

But you wonder whether you can be socked with a big bill when you had no input into generating it. So who's position is right?

The law will tell you, specifically the state's Landlord Tenant Act.

"The statute requires that before a tenant can use the option called Repair and Deduct, they have to notify the landlord in writing about the problem and give the landlord the opportunity to do the work themselves," Seattle attorney Randy Redford of Puckett & Redford explains.

Because your tenant did not do that, you have no obligation to pay this bill. Nor must you allow these tenants to take the amount out of their rent because, again, they didn't have your permission to do the repair, so they can't deduct its cost.

If your renters are really adamant about getting paid, they can take you to small-claims court. One possible argument: that you should pay because their labor gave you an unanticipated windfall — i.e., you got work done that you otherwise would have had to pay for.

Redford doubts that would fly with a judge because you could argue that you could have done the work yourself or you could have hired someone to do it cheaper.

Q: The windstorm blew down a big tree in my yard. Besides paying for removing it, shouldn't my insurance company compensate me for the value of the tree?

A: Insurance policies are binding contracts that always have language listing what they cover and what they don't, so you need to check your policy.

Look under the section called "additional coverages," suggests Karl Newman, president of the Northwest Insurance Council. It typically will have language concerning trees, shrubs and other plants.

While coverage can vary by company and by the amount of coverage you bought, the standard policy will reimburse you for greenery lost as a result of fire, explosion, riot, vandalism, theft or being hit by an aircraft or vehicle not owned by the resident.

However, the standard policy does not cover tree or shrub loss sustained by wind, Newman said. But it's important to read your policy to see if it says otherwise.

One other note: The standard insurance contract covers removal of downed trees if the trees damage a structure on its way down. If it hits nothing, you pay the cost of cleanup. But again, your policy could say otherwise.

Q: Because of the storm, my apartment didn't have any power for three days, so I had to stay in a motel. Shouldn't my landlord reimburse me for the cost of this, as well as for all the food I had to throw out?

A: Your landlord has a duty to keep your home habitable, meaning you must be provided with the basics like heat and lights.

But a storm like the one we just had is considered an act of God beyond the landlord's control. Therefore, yours is off the hook for any financial hit you took because your power was out. And frankly, it was your decision to go to a motel; not having power doesn't automatically render an apartment uninhabitable, as thousands of renters learned last week.

Beyond that, you should know that a landlord's insurance never covers the loss of a tenant's personal possessions. That's the job of renters insurance. If you have a renters policy, it should cover your food loss, minus your deductible.

Home Forum answers readers' real-estate questions. Send questions to Home Forum, Seattle Times, P.O. Box 1845, Seattle, WA 98111, or call 206-464-8510 to leave a question on a recorded line. The e-mail address is erhodes@seattletimes.com. Sorry, no personal replies. More columns at www.seattletimes.com/columnists.