Water Damage from Renter, who's responsible?

Question

So here is the situation...

On October 1st my tenant mentioned their washer (purchased by them) was leaking and that there was major warping in the downstairs bathroom (also the washer/dryer room), bedroom, and hallway. When they brought this to my attention they told me water would leak from the ground every time there was heavy rain. I had a contractor come out and take a look and he could not find any issues, plus the tenant's unit is on 2 feet of concrete slab so I doubt that is the issue. I suggested the tenant get a second opinion since they could be liable for damages. The tenant never received a second opinion and when they moved out in the beginning of January I replaced the floor and sent the tenant the remaining portion of his security deposit with an itemized bill of work.

Here's what I know.

1. The tenant didn't report the issue immediately because the floors had already been warped.

2. The tenant had the option to get a second opinion but didn't get one. The tenant told me their washer was leaking a month before (September), and I informed him the washer is his responsibility and he must replace it.

3. After the tenant left I had a plumber come out to see what might have caused the damage. He did mention there was a slight drip in one of the valves but it could not have caused that much water damage.

Here's my question, ultimately who is responsible for paying the damages?

Thanks for your help.

Nicole A. · Answer

Okay, make sure you keep your copies of the receipts for the materials you bought. Did you send an itemized list back along with the remaining deposit?

What are TX laws on returning security deposit?

Is there simple interest per year you must let accrue on the deposit?

Do not talk with them anymore. Don't try to "talk sense" with them. Put distance between you now. Any talk is in writing and strictly professional. No emotions. They might be serious, but they might also just be trying to get what they want out of you with the court threats. And if you did it right, who cares if they take you?

Nicole A. · Answer

So did you repaired the damages with your own money and and now essentially paying yourself back by taking it out of the deposit?

I'd say it sounds to me like you did the right thing. Are they challenging you and demanding the entire deposit back?

Joel C. · Answer

Hey Colleen, thanks for the feedback. I do want to clarify I only replaced the damaged portion of the floor. I did not replace the entire downstairs floor just where the damage occurred (the bathroom, the bedroom, and part of the hallway.) I also made sure to purchase the least expensive flooring material to help reduce costs to the tenant. Thanks.

Colleen F. · Answer

It sounds to me like you acted correctly. You can charge them for the damage but I do not think you can charge for the whole floor, only the damaged part. In any case no one can say if the washing machine or the connector ruined the floor but it was their responsibility to hook it up correctly and make sure it did not leak as well as report any issue immediately. If "your " valve was leaking that should have been reported on hook up.

Joel C. · Answer

@Brant Richardson there was no warping initially when the tenant moved in. The tenant informed me their washer was leaking after the leaking had caused the warping in the flooring. When he first told me about the leaking that's when he told me the floors were already warped which indicates to me that he did not tell me the first time he saw the leaking. I hope that clarifies a few things. Thanks for your advice Brant.

Joel C. · Answer

Thanks Nicole for your help. I believe TX law is when returning tenant's SD it must be within 30 days from when they vacated the property and must be accompanied by an itemized invoice. TX does not require the owner to pay interst on the SD.

I returned the tenant's SD within 15(ish) days from when they vacated along with an itemized invoice of all activities and discounts.

Nicole A. · Answer

I was curious and answered my own question. TX apparently doesn't have to pay interest to the tenant on their deposit. That's cool!

This is a neat link:

http://www.landlord.com/security-deposit-law-guide.htm

Brant Richardson · Answer

It sounds like you both have some responsibility. There was already warping so the tenants are certainly not responsible for that. If there was already warping then perhaps there was an ongoing leak right from the start. The leaking valve was your responsibility. Any damage caused by the washing machine (which is probably most of it) is the tenants responsibility, but it is going to be tough to prove. I'd say maybe split the costs since there was already warping. If you have good pictures of the area before they moved in that would help your cause.

Joel C. · Answer

Hey Nicole, thanks for the reply. Yes I did all the work. My father in law is a GC so i got an amazing deal, and passed that on to the tenant. I also did not charge the tenant for my work (demo, laying tile, etc.) so he actually received an additional $300(ish) off as well.

They are challenging it and demanding the entire deposit and have said they are taking me to court.

Water Damage from Renter, who's responsible?

Water Damage from Renter, who's responsible?

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