Can renters sue a contractor?

Question

I have a rental house that has had some water issues. Sewer back-ups and gound water in the basement. I've immediately come and cleaned anything up for the renters but it has happened just too many times and I hired a plumber to do some costly repairs. I gave the renters a $500 rent deduction for the water issues as they were very upset over things and I wanted to keep the peace. Now, the plumber situaiotn has taken a few days longer than anticipated and there has been dust on the renter's belongings and they claim damage to some property. So they wanted money off on the rent due to the plumbers haphazzard schedule and dust issues (they were informed about the dust possibility - this is an even longer story) I told them I would not be giving them any more off the rent as I didn't have to do it in the first place. They claim they were able to use 1/2 the house - but it was only for 1 week. They have asked for the plumbers insurance info now that I will not be giving them anything. Do I have any liability here? Can they go after the plumber? I don't think they can prove any real damage to anything - a TV (and other things) shouldn't get dusty yet it's not broken. Should I give them the insurance info? Am I at risk of anything? Especially after I already gave them money off of rent for this whole issue. I think they will have a tough time claiming real damage but I don't feel like going to court.

Thanks,

Andy B. · Answer

I don't understand why they need the plumber's insurance information -- the insurance company didn't do anything wrong.

I'd give them the name and the contact info for the plumber. If they want to sue someone, that is all they need. It is up to the plumber as to whether or not they get their insurance involved.

In regards to this particular part of the situation, I'd stay out of it. It is between the tenant and the plumber - you do not belong in the middle.

In regards to your potential liability, you could get dragged into any dispute between tenant and plumber since you hired the guy and therefore should be responsible for his actions or because he was acting as your agent (or something along those lines).

Also, the tenant can claim that their quiet enjoyment of the leased premises was unreasonably disturbed and they should get a rent abatement during the period they were unable to use the premises.

Xavier Youngblood · Answer

http://www.statutes.legis.state.tx.us/Docs/PR/htm/PR.92.htm

Marty Gangler · Answer

what is unfortunate is that i wasn't exactly happy with the plumbers schedule either but there is nothing i could do about it. what is killing me is that i just bent over and gave them money off last month and they are trying to bend me over again. plus, they were told to move everything out of the back area but didn't do it - the renter told me he was going to put plastic on his couch yet he didn't do it and they think that the plumber should have protected everything. i just don't see how they could go after the plumber without going after me in some way. They are clearly unreasonable and wrong as they didn't do what they were told to do and were put out maybe 2-3 extra days than what they were told. i need to talk to a lawyer.

Andy B. · Answer

The tenant can claim that a good plumber would have completed the repair in a timely fashion and since the Landlord hired a bad plumber they were unable to use their home for another week.

From what I know of the situation, it appears that the tenant is not exactly reasonable (like you would be for the same situation in your home) - they think dust on furniture is "damage" - so they could claim a bunch of things and it will be up to the Landlord to defend against the claims.

Matt R. · Answer

I'm sure they can CLAIM that, but this doesn't seem like a reasonable response.
The landlord has responded to their previous complaints, and is now trying to solve the problem for good. So, this requires more work from the plumber to get things sorted out. If I had the same situation on my own home I'd expect a certain amount of disruption and accomodation to the plumber's schedule - life ain't perfect and in that scenario the plumber's the one in the driving seat.
How would that be an 'unreasonable disturbance' when the task is to try and sort out their plumbing problem ?

Marty Gangler · Answer

I've talked with the plumber and have witnessed the dust issue first hand. I was even in there cleaning it up. They don't have much of a leg to stand on, but they are still mad about the situaiton and have asked for the plumber's insurance info.

George P. · Answer

Did they define "damage to some property"? Check with the plumber first to see if the story adds up. That is if you trust the plumber and have used him in the past without any issues.

Can renters sue a contractor?

Can renters sue a contractor?

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