Negligent Damage Question

[Account Closed]

Hello All,

If a tenant ignores a water leak and it causes damage to the property, can this be considered negligent damage on the tenants part?

[Kyle J.]

@Account Closed  Yes, it could.  A couple things to note.  First, you'd need to be able to show the tenant knew about it.  The way you worded your question (by saying they "ignored" it), implies they knew it about and intentionally did nothing about it.  But you have to be able to prove that.  (My point is, I wouldn't charge them for some leak under the house or in some area of the property that they'd never be expected to see it.)

Second, I think it'd help to have something in your lease addressing this, even if not absolutely required.  For example, my lease requires under the "Maintenance" section, among other things, that the "Tenant shall immediately notify Landlord, in writing, of any problem, malfunction or damage."  It then goes on to state that the "Tenant shall be charged for all damage to Premises as a result of failure to report a problem in a timely manner."