how to handle a tenant unwilling to fess up to damage he caused ?

Question

There is some water damage to the drywall in my rental unit. At the same time, there is a termite infestation. Today, they did the termite work and verified that the damage on the drywall is water damage, not termite damage. When I looked at it closely, there is water stains in this area and the termite employees also noticed it. However, my tenant did not fess up to it when I showed it to him. I'm thinking about getting the exterior inspected to cross that off the list as a potential cause (ie, leaky roof or cracked stucco). However, every time I get an inspection HOA is charging me for it. I took pictures and they show the water stains.

My tenants have been easy going and good tenants up to this point (they pay their rent and no complaints). However, this is their mistake and should be responsible for it (they actually broke the lease by trying to spackle it). I am thinking I will send them an email with the pictures and let them know that if the inspection shows no exterior damage plus what the pictures show, then they will be responsible for cost of the inspection as well as the repairs. My concern is if they withhold rent. At the same time, if the housing market keeps going up next year, I will be selling at the end of their lease (in June). If they are unwilling to cover the costs, I could withhold it from their security deposit at that time.

Any advice? As I understand it, the COVID eviction moratorium does not apply because they have to show financial hardship. Is this correct?

Nathan Gesner · Answer

Splashing liquid against a wall typically doesn't cause damage. Even if you poured five gallons of water down a wall, from top to bottom, it would likely dry out on its own without any real damage. Even most paint won't be damaged. Sheetrock typically requires exposure to a large amount of water over an extended period of time.

I suspect the water damage is more likely to be coming from inside the wall, either a roof or siding leak. If it's near a window or door, this is even more likely because water can get in through trim or bad seals.

You're obviously digging into the wall to deal with termites so the wall will need to be repaired anyway. Even if the tenant damaged a section of drywall, you're probably talking less than $200 to repair the portion they "might be" responsible for. I wouldn't spend too much time trying to place blame. Determine if water is coming in from the outside, repair the problems, and move on.

Nathan Gesner · Answer

You have to determine the source of water to prove it was the Tenant's fault. You would do that through a licensed professional, not your own opinion. Once you have evidence, you confront them about it and give them a deadline for reimbursing you. If it's a big expense, considering setting them up on a WRITTEN payment plan (I recommend no more than 90 days). If they refuse to pay at all, wait and deduct it from their deposit when they move out.

Danny Polanski · Answer

If the drywall is painted i do not see how splashing water could get through the paint, the paper face of the drywall, and then into the gypsum itself and show that type of damage. (At least what my mind is picturing from your details).

Now, on the backside of drywall it is easier to have water wicking through because it is not sealed as well and will absorb water after awhile.

This does not sound like a tenant issue to me and Ive had plenty of tenants splash things on the wall. Ive probably even splashed things on a wall myself at some point.

Drywall repair is not very expensive ime. Check for mold, find the source of the leak and fix it (check on the outside of the wall exactly behind where the damage is or roof, upstairs, etc.), replace the damaged sheetrock and you’re good to go.

Alex Scotte · Answer

You make some good points. I will have the inspection done before saying anything to the tenant but if that doesn't turn up damage, there can only be one culprit. The tenant had his computer right there in front of the damaged part, although he told me it is not water cooled. I was also thinking it could be a desk fountain or plant, etc. I don't think I should swallow this cost. I've been good to these tenants and I feel they should take responsibility if it's theirs. Also, checking for termites in the damaged area was extra and HOA is charging me for. They weren't necessarily digging into the wall for that reason. There's another portion of the same wall that is questionable. This might be more than a $200 fix.

Alex Scotte · Answer

It's not really my opinion. There are splashes on the wall which the termite guy pointed out. When we were alone, he told me he thinks it was the tenant (but I don't think he would go on the record for that just because he's the termite guy). I have pictures of the splashes but they cut through a big portion of it to determine there are no termites there. There are only so many reasons that can cause this, either termites, exterior crack, or by the tenants. The wall doesn't have any pipes going through it. I can have an inspection for the roof or stucco is cracked/leaking, but HOA will most likely charge me for it.  I figure if I email them the pictures maybe it will avoid the extra expense. It's really for them but also saves me the hassle. What bothers me most is that I've given them a good rate and have always fixed things when they come up, and as mentioned, these are "good" tenants.

Theresa Harris · Answer

How much did the drywall repair costs?  Where is the affected area?  Talk to the tenants and let them know there was water damage that is coming from the inside and ask them to please be careful.

how to handle a tenant unwilling to fess up to damage he caused ?

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