Tenants delayed reporting a leak and now want flooring replaced

[Sheila Bee]

Hi all, I have an investment property in LA (my old house before I got married and moved). My tenants moved in in March and are annoying but pay on time, so thus far it’s been fine. However, last week the toilet started leaking and apparently leaked every time they showered - but they waited more than four days to report this to my property manager. They finally told him on Friday of Labor Day weekend. We were able to get a plumber who cleared the main sewer line because of tree roots clogging it. Unfortunately, now there is a stain on the carpet near the bathroom and they are claiming the room smells moldy and musty. They want the flooring replaced. My PM is having a handyman come check it out, but I’m really peeved because they may have caused this damage by waiting to report it! What are my best options here? Thanks so much in advance. 

[Nathan Gesner]

My lease is clear: if the tenant fails to report a maintenance issue and it results in damage, they are liable.

I would hire a professional to clean the carpets and possibly replace that section of pad if there are signs of mold. I would charge that to my tenants for failing to report and allow the problem to grow.

This might be an indication you need to get rid of the tenants.