Who's Responsible for Flooding Damage - Toilet Overflow?

Question

Hi all,

I'm putting this out to the community for thoughts because this is a first for me as the landlord/manager of a small (< 800sf) San Francisco condo rental.

The toilet tank in the condo unit overflowed and water went under the bamboo flooring into the bedroom, the kitchen, and the dining/living area.

Plumber came out and said that the toilet mechanics needed to be replaced to stop the toilet from running when flushed.  He indicated, however, that had the toilet not been clogged up (which according to the tenant and building maintenance man was the case), the toilet would have just kept running (without flooding) until someone jiggled the handle or such.  He says that because the toilet was clogged and the toilet kept running, the tank overflowed.

The tenant had two friends in town and it seems they had partied that night, so they were all there in the condo when the flooding occurred, but were not aware of the flooding until much too late.

Although things dried out, the bamboo flooring is bowed in the bedroom, kitchen and living/dining area.  Flooring is no longer level in certain areas.  Not all of the floor was affected, but because the flooring is espresso colored, I'm not at all sure I can order a batch for replacement that will match the boards that are unaffected.

This is a good tenant and I know this was a complete accident, but the bamboo flooring was new as of 2013 and now will require a good bit of money to replace/repair.  I was not told of the toilet having an issue with running and of course I didn't know about a clog so there was no avenue for me to fix these issues.

Has anyone had a similar situation and, if so, how have you handled it with your tenant?  I'm open and thankful for any thoughts anyone has about my situation.

Thanks,

Melissa

Nathan Gesner · Answer

Insurance may cover this but it's unlikely. I had this happen and the cost was over $3,000 to clean/repair. Tenant's insurance only provided $1,000 in coverage so tenant had to pay the rest.

Tenants are at fault. First, they should have reported to you that the toilet was constantly running/flushing. Second, the flooding is due to the tenants clogging the toilet and then allowing it to run.

DO NOT use the security deposit to cover any repairs. The deposit should only be used after the tenant is out and the lease is terminated in accordance with state law. Determine the charges and make the tenants pay it now or set up a payment plan (no more than six months).

Russell Brazil · Answer

Im of the opposite mind actually....Id say this is landlords responsibility...cost of doing business.  Things break, you deal with it.

Max T. · Answer

If the clog was tenant-caused then tenant is responsible for the damage.

Christopher Phillips · Answer

@George V.

Landlord home owner insurance usually covers the property itself, not the tenant's belonging.

The tenants need to have their own renter's insurance to cover loss of their items like personal clothing, electronics, furniture, etc.

Amit M. · Answer

The root of the problem is the clogged toilet, as that’s the only reason for the flooding. This is why I have my tenants pay for water (I charge tenants on a per head basis per unit.) otherwise they won’t report a minor toilet bowl leak, which only runs the water bill up, but won’t cause damage...unless the toilet clogs.

Sure if they have renters insurance they should file a claim, and you can see if you get lucky and they cover the entire cost  also keep in mind that you’ll probably have mold, so that needs to be remidiated by bleach or something else before new boards are installed

Otherwise, since they are a decent tenant, I’d try to negotiate and work out a compromise with them. Basically I’d alert them that technically the fault lays with them. But because they’re good tenants, didn’t do it on purpose, etc., you can help by reducing the normal wear and tear from the full floor cost. Example- if a tenant ruins (badly stains) a carpet that is still good but a few years old, you can’t just charge them full replacement cost. Of course you can, but if they go to small claims court in CA, good chance they will get credit for wear and tear...say 50% for a 3-4 year old carpet.

So why have a tenant that hates you living in your unit, only to end up compromising in court. Might as well make that compromise now and in good spirits, they will stay on, and you’ll be done with this.

You could also file a claim with your insurance, but unless your deductible is really low, I doubt it’s worth it. I personally would only use my insurance for a major sh!t happens event where there is tens of thousands of dollars of damage.

Let us know here how this evolved for you, so we can all learn more!

My 2c

John LaBanca · Answer

If the toilet clogged through normal use, such as just from too much toilet paper, then I wouldn't hold the tenant responsible for the clog itself. If somebody put paper towel or feminine products down there, I would hold them responsible.

The next question is whether or not the tenant was obligated to notify you in a timely manner that 1) the toilet was continuously flushing and/or 2) that it was leaking after it clogged.

For #2, it sounds like they notified you soon after they noticed. It's unfortunate that they didn't notice sooner, but not their fault.

For #1, it sounds like it was just a matter of the chain getting caught on the toilet handle. That's a really common toilet issue and most people just jiggle the handle to fix it. Is it something that happens every time they flush, or just something that happens periodically?

My opinion, this is a super unfortunate incident, but based on the description, the tenants didn't do anything unreasonable to cause the issue and it's not unreasonable that they didn't report a toilet handle occasionally getting stuck.

Katie Stewart · Answer

First, I would ask the tenant if they have renters insurance. If they do, ask them to file a claim with their insurance. If not, let them know that they will need to pay for the damages. It sounds like it is partly on them for not reporting the leaking toilet to you. If you don't feel right asking them to cover the entire cost (since they've been good tenants), you could see if they will cover half of the repair costs. Good luck!

Melissa R. · Answer

@Max T. and @Nathan G. - Thank you.  I had suspected after my limited online research that the tenant might be responsible for a least a portion due to the clog and lack of informing me the toilet was not functioning properly.

@Christopher Phillips - Yes, this tenant is a good one.  No other mishaps.  He was transferred from England with his job and because I couldn't get a credit check, his folks, who are also English but already lived in the US, guaranteed his rent payments.

Christopher Phillips · Answer

@Melissa R.

Has the tenant been pretty good up until this? Or is this just a long string of mishaps?

Melissa R. · Answer

@George V. - The lease strongly suggests renters insurance, but does not require it (lesson learned!) and I have not yet asked the tenant if he got renters insurance.  I suspect not.  I want to get my ducks in a row before I talk to the tenant about any of this.  Thanks George!

@Christopher Phillips - I think I might try to work out a combo like you suggest. I just want to see if anyone in the community has had success with a solution that seems fair to both parties.  Thank you for your comment.

Who's Responsible for Flooding Damage - Toilet Overflow?

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