How to collect for damage caused by tenant?

Question

I have a tenant who "slipped on soap and broke tub faucet off". She is section 8, so I don't think she would have money for repairs up front.

I don't mind paying for general maintenace but fill this is her fault. Should I just fix it and take the repair cost out of her deposit when she leaves? If so I was thinking of not letting her know I was deducting this from the deposit until the lease is up. Hopefully she will try to take care of things in hopes of getting her deposit back.

Any thoughts are greatly appreciated!

Sharon Tzib · Answer

LOL Shane!! I'm sorry, but I'm going to go against the consensus on this one. You teach people how to treat you, and in this case, you are teaching your tenant that she can claim "accident" and you will fall for her sob story and assume because she is Section 8, she can't pay for the repair (a not always true assumption, I might add). I assume you have a lease, and that it states repairs caused by tenants are their responsibility. You need to enforce your lease, otherwise, next time it will be "a bird flew into the sliding glass door" or "the toilet lid slipped and crashed down too hard." This tenant needs to understand they must take care of your investment, and that you will fix reasonable repair requests, but not those that were avoidable or caused by their carelessness. I understand what others are saying about picking your battles and being nice if she's a good tenant, but in my experience, that approach backfires when you set precedents that are hard to un-do. Good luck with whatever you decide.

John Chapman · Answer

I gotta strongly disagree with anyone that suggests that you shouldn't just pick up the repair. It's short sighted to try to get her to pay for it, as (1) she obviously doesn't have much money if she's on Section 8; and (2) the next time something breaks, she may not call you. You absolutely want your tenants to call you for repairs, especially those involving water, ASAP. I've had to make repairs, including broken windows and such, and I generally just pick them up and thank them for calling. If it's something dumb they've done (like a fork down the disposal) I tell them they need to be more careful. 9/10 they are sufficiently embarrassed. I have as yet to have anyone abuse the situation. You've got to remember, some tenants will go weeks with a broken window or some other defect, which can lead to much larger problems. Penny wise pound foolish.

Colleen F. · Answer

While I get the situation if she accidentally put a fork down the kitchen sink or a diaper in the toilet do you let that slide? If you don't have those little grip things that (I think) they require now on tubs (not sure but it seems like all the new tubs have them) then pay for it, put the little non-stick appliques on and call it a day. If it is a non slip tub I would probably say to her that she can split the cost now or at the end of the lease and remind her that damages she causes that are more then wear and tear will be charged to her.

Michaela G. · Answer

Personally, I would probably just suck it up and repair. It was obviously an accident and not carelessness or maliciousness . It can't be that much money to put in a new faucet. But then I'm a big picture person and tend to look at the overall situation: if this was a good tenant otherwise I would just chalk it up to the cost of doing business. Whether you can deduct it from deposit would depend on whether she'll leave nice or in the middle of the night. Also, if this is a long-term tenant I might just forget about it, but if she left tomorrow, I'd be more inclined to put it against her deposit.

Account Closed · Answer

Thanks again for everyones advice! I decided to just take care of the repair at no charge to the tenant, great to read all the different opinons!

Account Closed · Answer

Thanks everyone, looks like I will pay for this one, luckily not a very expensive fix. Actually my repair guy said he wouldn't charge me parts and labor, but said he had to charge me $55 to get into her nasty tub! lol I like the no slip socks idea Shane, made me laugh! Thanks again it always helps to get adviced from the experienced!

Kyle Hipp · Answer

Brad, this is definately a personal decision in which more factors than have been discussed would come into play. These would included the location of the area, the strength of the rental market in your area. Your financial position and how you feel about this tenant. From what I have heard from you the tenant is not taking very good care of where she lives. If the tub is that grimmy then a nonslip mat will not help long term if she doesn't clean up after herself. The $55 it cost you for the fix is not large but it is not convenient by any means either. If I were in your shoes I would do one of two things. Meet her in the middle somewhere on the cost of the repair as my lease clearly states that tenant misuse or negligence leading to damage is responsibility of the tenant. The other option I would probably lean toward would be that you will come back in 10 days for an inspection. At this time you would like to see the property cleaned up from top to bottom and in a condition that will not only be how you originally gave the unit to her but also in a safe manner for her and her family. At this point you can show her how to do this as it is possible she just doesn't know.

Account Closed · Answer

I agree with everyone and all she needs to do is tell section 8 she wants to move because the landlord is charging her for something that broke that was an accident. Section 8 could take the landlord of the approve list also. Joe Gore

Michele Fischer · Answer

Agree to both sides of this issue, and the way I'd approach it is to say that this time you'll split the cost with her, and take her half out of her deposit. This allows you to be nice, but still set the tone that it is her problem, and doesn't wipe out her deposit to demotivate her to clean at move out. I would not wait to tell her you are deducting from her deposit if you choose that route; it seems sneaky and doesn't reinforce right away that she is responsible.

Steve Babiak · Answer

Since you mentioned this is Section 8, you do realize that you have to pass the annual inspection of the unit - so it must be repaired before that time. So now it is just a matter of where that money for repairs comes from. If you're sure that the tenant can't gather that amount (even over some number of months), then you only have one source of money for the repairs.