Cracked bathtub - Wear & Tear? Tenant Vs. landlord pay?

Question

Tenants say there is a water leak. We go to the upstairs bedroom and the bathtub has 4 cracks that are clearly leaking water. The cracks are so extreme that it almost looks like the bottom is going to fall out because they create a nearly complete semi-circle around the edge.

No one informed me and one of the tenants admitted to seeing it at least 4 months ago.

My question is can I claim it is not wear and tear and that they are responsible for it? I would guess the tub was installed 10-15 years ago and is likely fiberglass. I do not know if there is adequate support underneath and that it was installed properly.

If it is considered normal wear and tear then can I charge them for the water damage since they didn't report it in a timely manner? I have language along those lines in the lease.

Thank you.

PS, I live in Indiana.

Sammy Msouty · Answer

Thank you Bryan!!! This has been helpful.

Shaun J. · Answer

I had an inherited property free in clear in NC years ago. Fully furnished. Rented to a friend that I have known since I was 10 that was also from NY that was just looking to start a new life somewhere else. And despite our Rental Agreement terms, the refrigerator "Broke". Me being all the way up in NY, I told him to call a repairman and I'd pay for the repairs if it was under a certain $$$, send me a pic of the estimate.

Dude sends me the picture and the estimate outweighed the cost of a new refrigerator. I offered to split it with him. He declined. I paid for and had a new one brought down there and installed. All of a sudden next months rent wasn't paid. I tried calling and texting. Nothing. Called one of my neighbors and they said it still looked like people were living there.

Next month, no rent, no response. I called the guys mother and grandmother and they said "Oh yeah, Michael is now living in SC. WAIT, WHAT?!?!?!?!!?

I jump in the car the next morning and drive from NY to NC. I find that not only is the house vacant, but his dog pissed all over the inside of my house, and every one of the furnishings were GONE, including the brand new fridge I bought. I called the sheriff up (Good relationship with him over the years I had it) and he tracked Michael down. He threatened to have him arrested and extradited for Grand theft back to NC, where he would serve time and restitution unless he returned all of my things within 48 hours.

Guess who got all of his stuff back in 48 hours. Me.

Tracy Minick · Answer

@Sammy Msouty

I would suggest you would not be able to charge them for the new tub! Just curios are there any circumstances that would have led to the crack?

Shaun J. · Answer

To be honest, is it worth the hassle to sue them etc? Are they good tenants? Do they pay on time? Are you making positive cash flow on their rent vs repairs insurance and what you owe?

Feel them out and offer to split the repair costs with them and have them sign something in writing if they agree. You could even just add it to their monthly rent so it's not a huge pain point for them up front. Do terms on it if you have to and add a 2% interest to it to pay out over time.

Bryan Devitt · Answer

Nope, that is exactly my feelings about it likely any professional you would get to testify in court if you tried to sue them for it. The damage should be minimal from the leak though, after a few months it would probably be a 1/2 sheet of plywood and 2hrs of labor at the most (unless it is a finished room underneath)

Sammy Msouty · Answer

I actually do currently have wording like that in the lease so I will be charging them for the damage.

and yes, there is a shower and they continued to use the bathtub anyways....

Theresa Harris · Answer

When you renew the lease, include an addendum that states any problems must be brought to your attention immediately and in writing.  Then include a clause as to what happens if they aren't and additional damage results.

I'm curious if this house had a second bathroom and if they continued to use the tub after they found the crack(s).

Sammy Msouty · Answer

Gotcha. So it sounds like the default is that it's likely normal wear & tear (or poor installation) and that I would need to pay for the tub replacement unless I can somehow prove they hit it with a hammer, dropped a bowling ball in there, etc...

Separately, I can charge them for the water damage since they didn't notify me and have admitted in writing they knew for 4 months.

Did I miss anything?

Bryan Devitt · Answer

If it was installed properly and it was a good quality, it wouldn't crack. It is literally impossible. If one of the previous owners flipped it, in my experience, there is a 90% chance it was installed wrong. There is no way a tenant can crack a tub without shattering the inside with a hammer if it is installed properly. So there are two ways it broke if you don't see hammer marks on the inside

#1. Improper install without support along the entire bottom and it flexed

#2. Cheap materials being too thin and during normal flexing it cracked

Sammy Msouty · Answer

Thank you Bryan.

Are you saying that if a tub is installed properly then I shouldn't expect it to crack after 10-15 years? I'm going in tomorrow to get it replaced so I'll be able to see if enough support was installed underneath it. If I see that it was installed properly (and can prove it) would that help my case in saying this isn't normal wear and tear and charge them?

For more background, I purchased the home around 5 years ago and we know that the house was gutted and remodeled in 2009. So I'm completely speculating about when the tub was installed.

Cracked bathtub - Wear & Tear? Tenant Vs. landlord pay?

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