Tennant's daughter slipped on puddle, liability questions?

[Cody F.]

One of our Tennant's daughters apparently just slipped on a puddle and fell according to the tenant.

This came after I sent out a notice that she owed a balance on her account. She refuted the bill and then said by the way my daughter just slipped on water in the kitchen from a leak.

Our showers are directly above the kitchen and are aging. our maintenance kept replacing washers to keep them going, but I've started to have the 4-ways replaced entirely. This apartment had the 4-way replaced but then had leaks. I've had 3 different people out to fix the 4-way, and now the leaks. It's getting better, and we thought it was solved for good last week but it started leaking a small drip when the shower is on.

Now apparently the tenant is holding this issue over my head for sending her a past due account notice.

I have the guy coming back out, and tomorrow is the soonest he can get here.

Am I in trouble here? Should I handle it differently? Or am I doing the right thing?

[Marc Winter]

You are actively addressing the leak issue, so you are golden--that means you are not ignoring the complaint.  However, it kinda sounds like you are just patching on patches--or you need to trade in your handyman for a licensed plumber (or someone who can get it done right the FIRST time.)  

Anyway, the tenant cannot withhold rent, and of course, they can sue you or anyone they wish at any time for any 'reason'.  That's what insurance is for.  Don't worry about a suit.  They have no case that I can see, but I'm just a humble re broker, not an attorney or insurance company.  ;-)

It seems to me that the price of a good nights sleep for you will be getting all the plumbing properly replaced.  

Oh, one other thing:  fear no tenant!  If they are late, send them the notice.  If they are repeat offenders, cut them loose.