Obligation to replace?

Question

We had heavy rains for the first time since we purchased and rented a property to tenants. The roof leaked immediately above the tv and it was ruined.  We’re having the roof repaired, of course.  Are we obligated to replace the tv?

Greg M. · Answer

Don't you wish you spent thousands of dollars on a property manager that would have handled this rather than taking 5 minutes of your time to ask other professionals in the same industry for free advice. Umm, no, I'd go with the free advice for something this minor.

And I'd fire any property manager that didn't inform me about a roof leak that caused damage or spent my money replacing a tenants property without first asking me.

Chris Seveney · Answer

@Alan Clark

No you are not obligated as they should have renters insurance. Those are things renters insurance covers.

I am not saying not to replace it, it’s a business decision.

Bruce Woodruff · Answer

I'd say yes, you should get them a new one. They aren't that expensive nowadays....and it's the right thing to do.

Andrew B. · Answer

You are not obligated because you had no prior notice of the issue, and your lease should clearly state that you are not responsible for tenant belongings. That is what renters insurance is for.

Now I do believe it is a good business decision to replace the TV.

Cameron Moore · Answer

That is exactly what Renters insurance is for. Your Landlord policy covers the home but Renters is for their personal property.

Nathan Gesner · Answer

Technically, no. However, I would replace it because the damage was caused by your roof and renters insurance is likely to cover their loss after paying the deductible.

Taylor Dasch · Answer

Are you obligated? I would say probably if it was ruined because of your roof issue. Even if I was not obligated to pay it, and their TV was ruined because I had a bad roof, I would pay it. First think about their financial situation and the sacrifices they probably had to make to be able to get that TV. If you were in their shoes, I would think you would want the landlord to replace it. Also its good business to keep your tenants happy, especially if they are in charge of taking care of your property.

Jerry V. · Answer

I like what Andrew said above, :)   Most landlords DO require tenants to have Renter Insurance nowadays. Not saying that is a good or bad thing, just fact.  AND, make sure that they are not trying to pull a fast one on you.  I.e. "yeah, the roof leaked and came right down on our tv!"  (when you see the tv stand 20ft over in another corner... lol

But, legally you probably aren't responsible.  Morally or that... up to you.  IF they are good tenants and you WANT them to stay there for a long time, then ... hmmmm, it may be worth it.

JsRoofing.com

Alan, if we were close I'd say I/we could be over soon to fix the roof for you too! :D   Good luck!

Scott Henninger · Answer

@Alan Clark that’s where the tenants renters insurance comes in. I would say that’s the tenants responsibility.

James Hamling · Answer

Ok, just to chime in here with @Matt Bishop

Yes, a good PM would handle it 0 sweet on Property Owner BUT I'd ALWAYS communicate it with my owners, regardless of any maintenance directive UNLESS I am in Portfolio management where whole point is we talk 4 times a year.

I'd let the tenants know how this is what Renters Insurance is for, call out the section lease where clarifies this is 100% on them..... and let that marinate for a second until notice they feel it and own it, THEN jump in and say "BUT, your a great tenant, we appreciate you, and want to help, and in thanks for working together to get through this bump I just sent an e-mail of a new television we'd like to offer, please let me know if that works and we will have it all paid for and ready for your pickup at the store".

"POW", you held ground on how things are, educated tenant a bit and did some conditioning, AND gained respect by tenant knowing you DIDN't have to but did, because your awesome, greatest Landlord alive, and they will want to stay and rent for centuries to come, pass lease down too kids and grandkids for generations to come, lol.

And i would have communicated the strategy with Property Owner, informed of the issue WITH my solution and how we were going to turn the lemons into fruit punch. And the Property Owner cry's a bit, start's singing wind beneath there wings, it's a touching moment, offers to double PM fee payment because your WORTH IT, lol.....

Snoop Dog comes in, because why not, and it's just another day for a P-i-M-p......

Obligation to replace?

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