Water Damage - Washer and discharge hose

[David Felt]

Hey All - One of my tenants ran a load of laundry and forgot to put the disscharge hose in the utility sink for when the wash drains. Instead when the washer drained water went everyone. There was water in the utility room, went through wall to the next bedroom and left water stains where I may need to replace the floor. 

Is this something that I should pay for? Should my tenant pay for everything? Should I have them pay right now or out of security deposit whenever they move out? 

Thanks for your suggestions and help! 

[Tim Baldwin]

It's possible the tenant was negligent if they knew or should have known that the hose was not connected. In general, tenants are liable for damages caused when they breach a duty. The duty here would be created by virtue of any agreements they entered into, rules posted to follow, or by virtue of instructions given to them to operate the washing machine. It's a factual and legal question. Before asserting the tenant's liability, I would encourage you to seek legal advice in the state where the property is located and move forward from there. Best wishes.

[Nathan Gesner]

Quote from @David Felt:

You are responsible for maintaining the home in its original condition. You are NOT responsible for tenant mistakes, neglect, or abuse.

If the tenant installed the washing machine, they are responsible for paying for any damages caused by improper installation. 

1. Never spend the deposit on anything until the tenant is out and the lease is terminated. The deposit is your leverage to ensure the tenant complies with the lease. If you spend it on unpaid rent or maintenance along the way, you'll deplete your leverage.

2. Hire a contractor to repair. They may need to cut open the wall to dry it out and prevent mold growth. Let the tenant know they are responsible for the damages.

When a tenant makes an honest mistake, I may consider splitting the cost. However, I don't think this is an honest mistake. They own the washing machine, so I'm pretty sure they know how to install it. They failed to do it properly and caused the damage. I would charge them the full cost of repair.

If they refuse to pay, I would consider two options:

1. Termination of the lease. This is usually too harsh for a single incident, particularly with a new tenant.

2. Hold the bill until they terminate and vacate, then deduct the cost from their deposit.

[Chris Grenzig]

@David Felt hopefully you had an attorney help you draft the lease, ask them what you can and cannot do within the bounds of the lease and your state laws. No one can 100% answer you what you can do here.

The one general question I would give my opinion on is if the resident is responsible to pay for the damages, do no wait to use the security deposit. If they are deemed responsible have them pay now out of pocket, or worst case you cover it and come up with a written payment plan for it (but ask an attorney about that for sure).

Too many people use their deposit as last month's rent at move-out even when they're not supposed to, and now you have past damages (this incident) and any potential move-out damages or costs that have not been covered.