Is this considered tenant responsibility damage?

Question

I have a studio apartment that the tenant just moved out of. After assessing the state of the property, they failed to tell me that the sink faucet had been obviously leaking which in turn, damaged the counter and cabinet. Also the tile in the shower had lost grout, caused water damage. Because they did not report these maintenance issues to me, are they liable for the damage, or is this something the maintenance crew should have regularly check on to be pro active? Thanks in advance.

Luka Milicevic · Answer

If they sue you, the judge might ask you why you weren't inspecting your property during their stay...

Just a thought.

Robert P. · Answer

My thoughts are it all depends on what is in your lease. If you specifiaclly state they need to bring any leaks, etc to your attention immediately, and don't, then they broke the lease and I would keep the security.

Although these two issues seems like it's normal wear and tear (it is in fact), the main point is that it was never brought to your attention, therefore causing more damage which could have been prevented if brought up.

I would withold security if I were in your situation.

Bill Gulley · Answer

The fact that an owner doesn't manage their property very well isn't the fault of any tenant. Sorry to be blunt, but that is on you. You can try to justify shifting the blame all day, but I suggest you give them their money back.

It's also normal wear and tear, it was not a sudden event that rises to any emergency where their failure to inform you constitutes negligence on their part.

Bite the bullet and take it like a landlord, that's part of the game. :)

Michael Noto · Answer

Rule of thumb: tenants could care less about things they are not paying for

If the leak was not impacting their day to day they just don't care.  End of story.

Joe Baker · Answer

I would consider that owner responsibility. Yes, they should have reported it. I agree.

Account Closed · Answer

@Jason Kucharski I would deduct for the water damage.  I think the language in the lease is sufficient.  Maintaining includes stopping leaks.

Now, if it was a leak somewhere they could not see - like behind a water heater in a closet where they would not normally look to notice something - then I think they could argue they shouldn't be required to know what happens in a wall behind a water heater in a closet.

But, a sink leaking and causing damage that can be seen - that was on them to "maintain" which would include letting you know about it so you could actually do the repair.

As far as the shower grout - I think that's a murkier situation.  I'm not sure everyone would think about missing grout equaling water damage they couldn't see behind the tile.  So, I think that one would be hard to justify, although you could try.

I think I'd charge for the water damage under the sink.  If they sued me over it, I'd counter-sue and include the missing grout damage and see what the judge had to say.

But, I think this tenant was aware of the water damage happening, and just didn't call you for whatever reason - didn't want to clean the place up for you to come, didn't want to complain in case you'd raise the rent, etc.  But, they knew they should have called you, in my opinion, on the leak under the sink.  So, I don't think they'd be really surprised to get charged for that.

Bill Gulley · Answer

Jason, don't go down the road of requiring the tenant to do things or make any repair on a residential lease. You really can't place a residential tenant in a position of responsibility to notify you for the obvious or that falls under the management of the property, they can be responsible to call the fire department or a designated plumber for an emergency, the small stuff is on you.

Also, having too many inspections can turn quickly to harassment and not granting quiet enjoyment of the property. A large apt owner here is about to face a class action suit over such an issue.

Good luck and welcome to BP! :)

JD Martin · Answer

Just a side note, but I'm assuming the leaking kitchen faucet damaged a laminate countertop and got under the sink, damaging the pressboard cabinet? If that's the case, the real problem was that the sink & faucet weren't sealed properly to the countertop. Yes, the constant water of the leaking faucet caused the damage, but if the sink was sealed properly to the counter, and the faucet to the sink, the water would have just built up and eventually run onto the floor. So for future use you would probably want to make sure the sink & faucet are properly sealed on the counter. Also, I watched a well-respected long-time company install some laminate in one of my rentals and noticed that after they had the sink opening cut, and before they attached anything to the countertop, they rolled a coat of clear polyurethane over all the vulnerable cut edges - the sink opening, underneath the dishwasher, at the 45 joints - and let that dry before finishing up the install. I went back and checked it later and it created quite a hard surface that looks like it could deal with some water better than the unexposed stuff.

Jason Kucharski · Answer

@Joe Splitrock Good advise. I agree that preparation is key with a pre-walk through inspection with video, photos and documents that prove the move in condition status. I usually am very thorough with prep and inspections but got lazy with this lease. A mistake I will not repeat.

Joe Splitrock · Answer

@Jason Kucharski even if you have a clause in your lease, don't think that guarantees your right to take the money. The tenant could easily take you to court and argue they never opened the cabinet and therefore never saw the damage. They could also lie and say the damage was there when they moved in or they could lie and say you were aware of the damage and did nothing. It is your word against theirs. Even the nicest honest people will lie to get out of paying for damages in a situation like this.

I am very careful on what I deduct and make sure I have proof to support the deduction. I don't want to land in court and if I do, I don't plan on losing.

My best advice is to do regular inspections which should include checking for leaks. Also take pictures under sinks as part of your move-in documentation.

Is this considered tenant responsibility damage?

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