Is tenant responsible for damages?

[Michael Buckley]

Two prop weeks ago I received a text from my tenant "I just removed the green shower mat that has been there since we moved in (about 3 months) and there is a crack in the shower floor. I don't know how long it's been there." When I took a look at it, it was a spiderweb style crack, right where you would stand to shower.

This is my first tenant since acquiring the property, and I have no significant physical proof that the crack didn't already exist. I have pictures of the bathroom, but no close pictures of the shower floor. 

When i received an estimate, I was told that the shower floor and walls would all have to be taken out and likely replaced. So i had a new tub and tub walls installed. Between the parts and labor, it cost me almost $1,500. 

In Massachusetts, is this something that I can legally charge my tenants for, or take out of the security deposit?

[Rob L.]

hey @Michael Buckley, I've had similar things happen. To protect both you and the tenant I've found it best to provide them with a Apartment Condition statement when they move in. I walk through the apartment with the tenants and we write down anything we see that is already damaged or broken. 

Hope this helps!

Apartment Condition Statement