Tenant caused water damage to unit AND neighboring unit

Tenant caused water damage to unit AND neighboring unit

Member since 2022 · 7 posts · 7 votes

Hi all,

New landlord here (<1 year) on a small apartment unit in a 32-unit complex. I own a unit on the second floor.

5 days ago, my tenant apparently left the kitchen sink on and caused flooding. Unfortunately, this led to a fairly substantial amount of water leaking to the unit below and causing at least some visible wall/ceiling damage.

My tenant caused the flooding (he has admitted in writing that this was the case). Per his lease (and common sense), he should cover the cost of repairs to my unit and the unit below, but I have a lot of questions that hopefully the veterans here could help with...

1) Does my homeowners insurance need to be involved at all? I am not sure yet how much the repairs will be (a plumber is coming by later today and the restoration team will likely come tonight or tomorrow), but this could be fairly extensive. With my tenant being responsible for the damages, is there any reason to involve my insurance? It will likely just raise my premium no? Or is this something that should be dealt with by my tenant's renter's insurance?

2) Without insurance coverage, this will likely be a couple thousand dollars. What is the best way to proceed with getting that payment from the tenant? If I make the initial payments, he will have to reimburse me, but if he can't do a lump sum payment, how to best go about that?

3) In the event that my home insurance should be used, it doesn't strictly mention adjacent unit damage. If the repairs are such that it takes a few days or even longer, the tenant for the unit below will likely need to be accomodated for. My insurance covers for loss of rents for my unit, but obviously wouldn't cover the unit below. If the tenant for the unit below needs to be rehoused for a short period of time, what would be the best course of action for this?

As I write this, I am realizing this is more complicated than I initially thought...but these are some of my most critical questions. I would really appreciate insight!!


Thank you.

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  • Owen RosenBusiness Member
    Professional · Clinton Township, MI · Member since 2015 · 678 posts · 259 votes
    1y
    Quote from @Steve Cho:

    Hi all,

    New landlord here (<1 year) on a small apartment unit in a 32-unit complex. I own a unit on the second floor.

    5 days ago, my tenant apparently left the kitchen sink on and caused flooding. Unfortunately, this led to a fairly substantial amount of water leaking to the unit below and causing at least some visible wall/ceiling damage.

    My tenant caused the flooding (he has admitted in writing that this was the case). Per his lease (and common sense), he should cover the cost of repairs to my unit and the unit below, but I have a lot of questions that hopefully the veterans here could help with...

    1) Does my homeowners insurance need to be involved at all? I am not sure yet how much the repairs will be (a plumber is coming by later today and the restoration team will likely come tonight or tomorrow), but this could be fairly extensive. With my tenant being responsible for the damages, is there any reason to involve my insurance? It will likely just raise my premium no? Or is this something that should be dealt with by my tenant's renter's insurance?

    2) Without insurance coverage, this will likely be a couple thousand dollars. What is the best way to proceed with getting that payment from the tenant? If I make the initial payments, he will have to reimburse me, but if he can't do a lump sum payment, how to best go about that?

    3) In the event that my home insurance should be used, it doesn't strictly mention adjacent unit damage. If the repairs are such that it takes a few days or even longer, the tenant for the unit below will likely need to be accomodated for. My insurance covers for loss of rents for my unit, but obviously wouldn't cover the unit below. If the tenant for the unit below needs to be rehoused for a short period of time, what would be the best course of action for this?

    As I write this, I am realizing this is more complicated than I initially thought...but these are some of my most critical questions. I would really appreciate insight!!


    Thank you.


     1. The short answer is no. You don't have to involve insurance if you arrange for repairs on your own.

    2. This is not my area of expertise but I'm sure some of the other investors here will have suggestions

    3. Your insurance will likely not directly pay loss of use for adjacent units. The other resident could file a claim and their insurance could subrogate against your insurance though.

    Royal Oath Insurance Group4.9203 Reviews
  • Rod HanksBusiness Member
    Insurance Agent · Dallas, TX · Member since 2013 · 743 posts · 462 votes
    1y

    Does your tenant have renters insurance? If so, that's a liability claim under their property damage. If not, chalk up as a lesson to always require upon move in. Your rental dwelling policy will cover if you have water damage coverage. Talk to your insurance agent and he will advise what coverage if any you have for that claim. Make sure that you tell your agent you are not filing a claim you just have a question about coverage. Then decide if it is worth filing a claim after you have the information. Water can be tricky if not dried out quickly which can cause a lot of other problems. 

    Rod Hanks Insurance4.9155 Reviews
  • Member since 2022 · 7 posts · 7 votes
    1y

    Tenant had a renter' insurance but forgot to renew and has lapsed in coverage now. 

    Technician came out today and fortunately, a few days of fan and dehumidifying should do the trick apparently. ~$2600 for the whole deal. 

    My tenant would be responsible for the cost anyways, correct? If he had renter's insurance, he could have used it, but since he didn't, it will have to come out of his pocket. I am waiting for the final amount, but will probably let him pay it over 2-3 months as needed if he can't pay it up front. 

    Fortunately, no water damage to my unit apparently. It appears most of the water ran straight down to my neighbor's unit...so just that unit needs to be repaired. 

  • Patrick O'SullivanBusiness Member
    Property Manager · Phoenix, AZ · Member since 2024 · 531 posts · 203 votes
    1y

    Hey Steve,

    Sorry you’re dealing with this — it’s one of those landlord headaches that no one tells you about until it happens! Glad to hear the damage wasn’t worse.

    A few thoughts:

    1️⃣ Insurance: Since your tenant’s renter’s insurance lapsed, there’s no policy to tap for liability, so it does fall back on him. Good move getting an estimate first before deciding if it’s worth filing a claim. Many landlords do try to avoid small claims if possible to keep premiums reasonable.

    2️⃣ Collecting payment: Since it’s about $2,600, offering your tenant a short payment plan is reasonable, especially if they can’t pay in one shot. Just be sure to get a written repayment agreement — email is fine — and consider having him sign something that outlines the payment schedule and consequences if he misses payments (like deducting from the security deposit, if applicable).

    3️⃣ Neighbor’s unit: Be proactive with the downstairs neighbor — clear communication goes a long way here. Keep them updated on the repairs and be prepared to cover any costs if the tenant can’t pay.

    4️⃣ Lesson learned: For future tenants, definitely require renter’s insurance and verify it’s kept current. Some landlords even require tenants to add the landlord as an “interested party” so you’re notified if it lapses.

    Sounds like you’re handling it well so far — hope the cleanup and repairs go smoothly!

    get MULTIfamily Property Management4.7220 Reviews
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