Tenant refusing Insurance Claim work

[Wesley Jensen]

Hey everyone! I have a strange situation and am curious what everyone’s thoughts are. I had a cold water line pex fitting fail in the wall at my duplex. Water came in through the cabinets for 10-15 minutes and it destroyed the microwave and the controller on the boiler. My tenant cleaned all the water up but it’s unclear any residual damage in the wall or under the floor etc. I have filed an insurance claim and they are sending a mitigation company out who says they will assess and may (if needed) pull up the floor, cabinets, drywall, whatever needs to be done. I told my tenant the plan and he said he thinks it’s dry enough and liveable and does not want the work done and himself potentially displaced. He said he will reach out to the state for his legal tenant rights in this situation. I asked the insurance company what happens to him if it’s unlivable and they said they will reimburse me for missed rent, but if he is displaced it’s on his renters insurance policy to pay for hotel or whatever he decides. If work needs to be done to mitigate long term damage, can he say no to it being done? He is on a month to month lease so potentially I could give him notice and wait until the end of March. Any/all thoughts are welcome. Thanks for the help!

[Theresa Harris]

I wouldn't trust your tenant to know if it is okay or not.  Get someone in to make sure it is okay and you won't have a mold problem down the road.  Cleaning up the water is one thing, but it is the water you can't see that could be the problem.  Fans help to dry it out, but it really depends on the amount of damage.

Your tenant doesn't want to have to move out (which is fair enough, but it is not his property and long term damage is your problem).  If it is livable, give him the option of moving out for a few weeks or a reduced rent while the repairs are being done (depending on how long the repairs will take).