Investor · Plymouth, MA · Member since 2019 · 8 posts · 5 votes
I recently came across an interesting situation and being a future landlord I was hoping someone would be able to shed light on the situation.
Multifamily Property:
There is a two unit duplex with each unit stacked on top of each other and the top unit is currently being renovated. During the renovation a pipe started leaking water onto the tenants below causing damage to their personal property (Bedding, etc.). The water leaking (Dirty brown water) onto the tenants property caused staining and discoloration to the bedding and mattress. The issue wasn't found immediately until the tenant returned home after work to find the issue so the water had time to seep in.
Now, the tenant is requesting payment for a new mattress ($300). Does the landlord need to pay or would it be the tenants problem?
Thanks for everything in advance and look forward to learning more! (Not sure if it matters, but happened in MA)
Rental Property Investor · Baltimore County Maryland and Tampa Florida · Member since 2013 · 2k+ posts · 2k+ votes
6y
The renters should have renters insurance, however, I would recommend you just pay the $300 and on the memo line of the payment/check, be sure to say what it's for. Perhaps even write up a short letter/document saying that this situation is considered settled by both the tenant and landlord upon tenant receiving payment. You both sign it. Date it. Both keep a copy.
I would consider seperately going back and talking to the contractor about the situation to try and recoop your $300 if you can.
Also, while looking at your lease is nice and can be helpful, always remember that it doesn't necessarily mean it is legal and/or would hold up in court if things were to go that far. Lease authors can put whatever they want in a lease and it might contradict laws. And not to downplay the value of attorneys, but several get lazy with writing leases and make them state-generic when laws may actually differ within the various counties.
The first place to look would be the lease. If that addresses the issue explicitly, it would probably carry the day.
It's unlikely that a lease would have a clause stating that if a landlord's work caused damage, the landlord would not be responsible - and therefore I'd expect the landlord to be responsible.
Now, the landlord may be able to go after/bring in the contractor who did the work, depending on their contract and what exactly happened.
Of course, for $300, we're not talking big money. But we can see how such a situation could get really hairy.
Investor · Las Vegas, NV · Member since 2013 · 8k+ posts · 10k+ votes
6y
The lease should also require the tenant have renters insurance. But anything under $500 I’d just pay. Anything under $1,000 I knew I caused I’d instantly pay. Above that get quotes.
Rental Property Investor · Baltimore County Maryland and Tampa Florida · Member since 2013 · 2k+ posts · 2k+ votes
6y
The renters should have renters insurance, however, I would recommend you just pay the $300 and on the memo line of the payment/check, be sure to say what it's for. Perhaps even write up a short letter/document saying that this situation is considered settled by both the tenant and landlord upon tenant receiving payment. You both sign it. Date it. Both keep a copy.
I would consider seperately going back and talking to the contractor about the situation to try and recoop your $300 if you can.
Also, while looking at your lease is nice and can be helpful, always remember that it doesn't necessarily mean it is legal and/or would hold up in court if things were to go that far. Lease authors can put whatever they want in a lease and it might contradict laws. And not to downplay the value of attorneys, but several get lazy with writing leases and make them state-generic when laws may actually differ within the various counties.
Investor · Plymouth, MA · Member since 2019 · 8 posts · 5 votes
6y
@Nicole A.
Thanks for the info! This happened to a friend of mine renting. The Landlord doesn't appear to be willing to pay for the damages, but who knows as it recently happened.
I am currently looking to purchase my first rental property I was really intrigued with this situation.
Investor · Manteca, CA · Member since 2017 · 1k+ posts · 2k+ votes
6y
As a landlord I would pay the $300 and then ream the contractor to reimburse me for the cost.... no way is the tenant on the hook for this.
Now if this was due to some issue that was totally out of my control or not preventable..... the pipe just spontaneously broke etc, then it would be on the tenant... that's why they need renter insurance. If "life" just happens and no one could have predicted or prevented it, then sorry....not my problem.
If your friend is really upset at the landlord, and is spiteful, and has nothing better to do with her time, she can take him to small claims court (it may have a different name locally). But the purpose is essentially to streamline the litigation process so that anyone can bring a claim, and it's much cheaper than a full blown litigation. You can also probably do a quick bit of research whether in MA a corporate entity needs to be represented by counsel (if the property is owned in an entity, of course) - this would make it more expensive for the landlord to appear in court than to just pay the $300.
Obviously, this is a poor choice if the tenant wants to remain in the property with a decent relationship with the landlord.
Also, as a former litigation attorney, I'm not a fan of litigation of any kind, so I don't recommend this :)
Investor · Johns Creek, GA · Member since 2017 · 463 posts · 488 votes
6y
@Kyle Pallanck Ask the tenants to claim it on their renter's insurance. This not only covers your expenses but also sends a strong message to them to not to ask you for this in the future.
Real Estate Agent · Quincy, MA · Member since 2015 · 144 posts · 65 votes
6y
Hey @Kyle Pallanck if the landlord was using a licensed and insured contractor, his insurance would likely cover any damage done to property and or personal belongings of tenant or owners. If not, it should fall on the expense of landlord. Tenant should also be carrying renters insurance. For $300, its likely not worth filing a claim so landlord should pay it out and chalk it up as cost of doing business and have a discussion with contractor to recoup that cost, like someone previously mentioned. In MA, a tenant could make life very difficult for landlord if they wanted to.