Tenant Personal Property damaged by Water Damage

[Kyle Pallanck]

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)

[Nicole A.]

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.