Is Tenant Responsible for Water Damage Repairs

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Is Tenant Responsible for Water Damage Repairs

Ian Lanphier
Austin, TX · Member since 2014 · 2 posts · 0 votes

State: Texas

Situation: The AC unit inside the house leaked causing damage to flooring and drywall. The root cause of the leak was that the outside drip hose had been raised and pinned up against the wall not allowing normal operation. The tenants claim they know nothing about it but do have a lawn service hired. It seems quite likely that the lawn service adjusted the hose so they could mow and then forgot to put it down. We had the AC unit serviced about a month ago and it was operating normally. 

Our Lease: (2) Landlord will NOT pay to repair the following items unless caused by Landlord's negligence:

                          (a) conditions caused by Tenant, an Occupant, or any guest or invitee of Tenant;

Question: Should the Tenant be responsible for paying for the entire damages, paying the deductible on the home insurance claim, or not responsible at all?

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Scott Rogers
Member since 2018 · 88 posts · 72 votes
8y

I would speak to a attorney as local customs and laws are very different from location to location.

But In this case my opinion would be no they are not responsible unless you think it was done on purpose I would just chalk it up to the cost of doing business, and try to get that line adjusted permanently so it will never happen again

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  • Chris Masons
    Investor · Union, NJ · Member since 2011 · 838 posts · 295 votes
    8y

    I just had an instance where a tenant moved out and apparently they did not turn off the valve all the way to the water line to fridge......

    luckily all damage was in basement. I happened to have a high deductible of 2500 of which tenant paid all of it.

    I would say at minimum hold tenant responsible for at least half if not all of your deductible if you need to file a claim.

    thx,

    Chris

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  • Scott Rogers
    Member since 2018 · 88 posts · 72 votes
    8y

    I would speak to a attorney as local customs and laws are very different from location to location.

    But In this case my opinion would be no they are not responsible unless you think it was done on purpose I would just chalk it up to the cost of doing business, and try to get that line adjusted permanently so it will never happen again

    1Reply
  • Kyle J.
    Rental Property Investor · Northern, CA · Member since 2012 · 5k+ posts · 5k+ votes
    8y

    I'm not an attorney and only an attorney licensed in your state would really be qualified to give you their opinion.  But since you came here asking, I'll give you my unqualified opinion.

    I would tend to agree with @Scott Rogers and say that, unless you can prove the tenant did something that caused the damage, you would have very little chance of prevailing against them in lawsuit.

    Again, in my opinion, you'd have a better chance of prevailing against the lawn service company (or their insurance company if they're insured), assuming you can prove they pinned the drip hose against the wall.  Based on what you wrote, I'd agree with you that scenario sounds like the most likely cause, but it also sounds like an opinion which - as you probably know - courts don't consider evidence. 

    So, unfortunately, you might end up having to eat the cost of this one and remedy the situation so it can't happen again.

    Hope it works out for you either way.

    1Reply
  • Dick RosenPro Member
    Property Manager · Gilbert, AZ · Member since 2009 · 1k+ posts · 451 votes
    8y

    All depends on what proof you have that the drain hose was positioned correctly and operating before. If you have that, I would hold them accountable.

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  • Thomas S.
    Member since 2016 · 13k+ posts · 12k+ votes
    8y

    Based on your original post and the information provided I would hold the tenant responsible for th entire cost of the repair and suggest they go after their lawn care company for compensation.

    0Reply
  • Ian Lanphier
    OP
    Austin, TX · Member since 2014 · 2 posts · 0 votes
    8y

    Thanks all for the replies. We did have the AC professionally serviced just a month ago so I feel that is a pretty strong case that it was operating normally at that time.

    0Reply
  • Nathan GesnerBusiness Member
    Moderator
    Real Estate Broker · Cody, WY · Member since 2010 · 28k+ posts · 41k+ votes
    8y

    If the A/C was installed by the Tenant or adjusted by the tenant or adjusted by a contractor hired by the tenant, the tenant is responsible for the costs.

    If they are good, responsible people and they made an honest mistake, I would try to work with them to share the expense or recover the funds from the landscaper.

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  • Scott Weaner
    Rental Property Investor · Yardley, PA · Member since 2008 · 1k+ posts · 561 votes
    8y

    I had this happen to one of my units, 1 week after a tenant moved in! It was no one's fault, as the condensate line was clogged. Once the AC had been running for a while it occurred. Destroyed carpet and laminate. I never realized how much water the AC makes.

    My insurance covered it all. Try that route. 

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