Tenant's negligence caused water damage to unit below

[Bea Maia]

I'm just in the process of securing insurance to the inside of this condo, when of course the HOA calls me with an "emergency": the tenant somehow managed to get the drainage hose out of it's socket on the wall and did not realize it until she had water runnng all over the laundry and kitchen area. She stopped the machine and dried everything, but "forgot" to warn the people living in the unit downstairs of the problem. So it wasn't until next morning that they noticed they had water damage on their leather couch and other furniture.

Since I don't carry insurance yet, I was trying to come to an agreement with them and pay for their deductible and let their insurance repair the damages.

Two questions: if I did that, would/could their insurance company come after me to compensate them for all the costs? (Plus the deductible that I would have paid already?)

Is this a case of clear negligence from the tenant's part, and in this case she should be responsible for all the costs? (Good luck trying to get her to pay for it, though...)

Any advise in this situation? Similar experiences?

Thanks in advance!

[Bea Maia]

Ok, here is the aftermath on what happened, just for the purpose of information:

The owner of the unit below and I came to an agreement, and I'm paying for his deductible to use his insurance services on the water damage. The actual cost is not too much more than the deductible itself, so I doubt that the insurance co will come after me for so little, not cost effective for them.

The tenant is liable for improper use of the machine, in my opinion, and that is covered in our lease contract, but I will not inforce it, but rather charge her the minimal of $70 for repairs as also covered by the lease contract. (The hose would not get disconnected from the wall drainage hole unless someone physically removed it and failed to put it back). Plus, I'm not renewing her lease, she has several complaints against her in the condominium.

As far as the HO6 insurance, it turns out it would cost me $3500 for my 4 condos in Florida. For this price, I rather save my own insurance and have just a liability insurance for a fraction of that cost.