Adding carpet in basement. Who is responsible if it floods?

[Julie Verardi]

Question for land lords. 

My first set of tenants put in new carpeting in the basement that just had a bare floor prior. It did flood and did minor damage to it but we kept it and I told them prior they are responsible for anything that happens to it so we let it be. 

My new tenant who has been great and takes great care of the place wants to redo the carpet that she will pay for ( we have been flood free since but you never know). I told her that's fine but she's responsible. She followed up with, "If the issue is completely out of my control (i.e., flood or major leak that is outside of my control), I would assume that this wouldn't be my responsibility (just like it wouldn't be my responsibility if something major out of my control were to happen to the existing carpet). Please confirm."

Do I agree to replace the carpet if a flood is to happen? Do I tell her I'm responsible for the current carpet she did rent the place with but not the new one? I guess it's not her personal property since I want her to leave it when she leaves like the current one. Should she only be responsible if the instal isn't right or a problem happens because of the carpet not to the carpet?

I'm going back and forth on this because she did rent it with a carpet, she's a good tenant that I wouldn't want to lose but carpet isn't my first choice and I may or may not want to replace it with the exact carpet or be responsible for it. However it does make the place look nicer to have something down. 

Any advice would be amazing. 

[Kris L.]

What can you do to prevent the flooding?  Can you use a sump pump to keep it dry down there?

[Colleen F.]

Kind of a tough one.  You have carpet, if it floods you would be responsible for that carpet. If the tenant was at fault for a flood they would be responsible for damages to that carpet or any new carpet.   However if a flood ripped through your area due to rains and it flooded your basement she wants you to be responsible but what does that mean?  that you will replace with exactly what she put in or could you opt to put in tile or  vinyl instead? or does she want her money for the carpet back?  Could you decide not to replace it at all.   I think it depends on how likely you think a flood is and you need to be clear on all those points.  

I assume you told her it stays when she leaves.  If you do this make sure you approve the carpet, you don't want something very taste specific.  I suggest to tell her that in the event of a flood if she is responsible for flooding, she must replace. If she is not responsible you will not reimburse her and reserve the option to replace with a similar flooring of your choice which may not be carpet.  In no instance will you reimburse her for the carpet even if it floods tommorrow. 

[Dennis M.]

@Kris L.

Why would you even think this is up for debate , it’s your house not the tenants . Your on the hook . You can get backup basement flooding insurance added to your policy very cheap

[Alex S.]

As an owner you are responsible for the house and the carpet, but you need to approve the carpet prior to the installation. What is the carpet they choose is very expensive and in case of a flood it’s not cost efficient for you to replace. Have it in writing somewhere that if they choose to add a carpet it might not be replaced with the same exact one. If the property is insured and you have a flood insurance it should be covered. But check with insurance company.

[Jason D.]

@Julie Verardi I think the mistake that you made was leaving the carpet for the new tenants. Had it been bare floor, and they decided to install carpet, you could have warned them of occasional flooding and the they would be responsible.

Since you offered the property with a carpeted basement, you would now be responsible to replace it in the event of a flood.

[Scott P.]

Since she's a good tenant that I prefer not to lose, I would say that I'm responsible for the carpet that is there - I lean away from being responsible for her new carpet - and she's welcome to take it with her when she moves.  I would see if I could get her to agree that if the existing carpet is ruined then I'd replace it but I wouldn't want to replace hers because hers may be a lot more expensive.  

I'd let her know that if she stays 7 years and paid on time and caused me no headaches, then I'd work with her to replace the carpet.  Either I'd pay for new or I'd let her pay and I'd replace it water ruined it.  I'd put that in writing.

If she's an awesome tenant and long term maybe I'd do something more.

I assume you have a sump pit?  You'll need a back up pump that ideally can pump the same volume of water as the main pump.  The problem with this whole scenario is that the sump pump is somewhat of our your control.  

In the future, maybe change your lease and tell your tenants that the carpet in the basement is not included in the rent. That's has worked for me with ceiling fans, screen doors, and window blinds.  Those items may or may not be installed and if they break it's my choice to remove them and not install new ones because they are not part of the rent.

[Julie Verardi]

Thanks for all the advice everyone. For the next tenant I'll be sure to address the carpet in the lease or any other things the tenants leave behind that get reused. I make all my tenants carry renters insurance so I told her if it gets completely ruined to go through her insurance and if something happens outside of our control I would put something on the floor which may or may not be carpet but since she's such a great tenant and I want her to stay I would work with her on what that would be but ultimately it would be my decision on what it gets replaced with. 

[Anthony Wick]

Whoa whoa whoa. A tenant that installs something makes the landlord responsible for replacing it if it gets ruined? Ummmm.....nooooooooo. If there's any questions about this, it is handled easily. "No, you may not put your own carpeting in the basement". 

[John Teachout]

In many cases, carpet is not an appropriate floor covering for a basement. Next you'll be hearing the "mold" word...

I'd install some kind of resilient flooring (lvp or similar) and let the tenants buy some large rugs that could get rolled up and saved from any water intrusion events. If the basement flooded ever, it will likely happen again. I'd talk the tenant out of carpet.

[Theresa Harris]

I would explain to her that the basement carpet is from the last tenant and you didn't install any as the basement had flooded once.  You did the remediation to reduce the chance of it happening again, but it isn't guaranteed.