Tenant Claiming Damages To Personal Property

Tenant Claiming Damages To Personal Property

New to Real Estate · Hialeah Gardens · Member since 2020 · 43 posts · 13 votes

Hello BiggerPockets fam,

I am wondering how to approach this issue with my tenant. Earlier this month, my tenant uncovered water damage along the baseboards and lower walls of the master bedroom. Immediately, we contacted our home builder (D.R. Horton) since the property is only 10 months old and has a 1 year warranty. Apparently, the concrete slab that houses the water/well system had a crack that served as the intrusion point. The concrete slab/equipment runs along the exterior wall of the master bedroom. Vendors are taking care of the work that needs to be done. All good up to here....

Now, my tenant claims that there is damage to her brand new bedroom set. I have not asked for images yet, because I am unsure as to how to proceed. Who should be accountable for this? Landlord? Tenant? Home builder?

Thanks for the help!

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Honolulu, HI · Member since 2008 · 3k+ posts · 2k+ votes
3y
Aloha,

Agree, that is exactly why they should have Renters Insurance. Tell them to submit a claim to their Insurer, and provide them the contact info for the Builder.
See this reply in the discussion

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  • Realtor · Dallas - Fort Worth Metroplex, TX · Member since 2016 · 1k+ posts · 925 votes
    3y

    @Emmanuel Sanchez do they have renters insurance ?

  • Rental Property Investor · Dallas, TX · Member since 2020 · 161 posts · 88 votes
    3y
    Quote from @Emmanuel Sanchez:
    Quote from @Matt Bishop:

    @Emmanuel Sanchez, the tenant should have renter's insurance to cover the loss and the tenant should work directly with their insurance company for payment. Your management company does require proof of renter's insurance prior to allowing a tenant to move in. Why isn't your manager handling this? Why are you even being bothered with such minutia?

    Hi Matt! Thank you for your help. This is my first and only deal so far. My brothers and I had decided to manage the property ourselves, so that we could learn the ropes. We hope the tenant has renter's insurance. The management company that we utilized to draft the release, did not make renter's insurance a mandatory requirement (lesson learned).... but with the risk of loss clause I think we'll be ok 

  • New to Real Estate · Hialeah Gardens · Member since 2020 · 43 posts · 13 votes
    3y
    Quote from @Bud Gaffney:

    @Emmanuel Sanchez move on. Let the dogs bark. Nothing will happen.


     Hello Bud! Thanks for your insight!

  • New to Real Estate · Hialeah Gardens · Member since 2020 · 43 posts · 13 votes
    3y
    Quote from @Jon Q.:
    Quote from @Emmanuel Sanchez:

    Hello BiggerPockets fam,

    I am wondering how to approach this issue with my tenant. Earlier this month, my tenant uncovered water damage along the baseboards and lower walls of the master bedroom. Immediately, we contacted our home builder (D.R. Horton) since the property is only 10 months old and has a 1 year warranty. Apparently, the concrete slab that houses the water/well system had a crack that served as the intrusion point. The concrete slab/equipment runs along the exterior wall of the master bedroom. Vendors are taking care of the work that needs to be done. All good up to here....

    Now, my tenant claims that there is damage to her brand new bedroom set. I have not asked for images yet, because I am unsure as to how to proceed. Who should be accountable for this? Landlord? Tenant? Home builder?

    Thanks for the help!

    If you don’t already have it in your lease, include a clause in all leases requiring tenant to have rental insurance and include you as an insured.  

     Hello Jon! Thank you for your insight. The current lease "strongly urges tenant to secure renter's insurance." Going forward, I am changing the language to make it a requirement. 

  • Rental Property Investor · Dallas, TX · Member since 2020 · 161 posts · 88 votes
    3y
    Quote from @Emmanuel Sanchez:
    Quote from @Jon Q.:
    Quote from @Emmanuel Sanchez:

    Hello BiggerPockets fam,

    I am wondering how to approach this issue with my tenant. Earlier this month, my tenant uncovered water damage along the baseboards and lower walls of the master bedroom. Immediately, we contacted our home builder (D.R. Horton) since the property is only 10 months old and has a 1 year warranty. Apparently, the concrete slab that houses the water/well system had a crack that served as the intrusion point. The concrete slab/equipment runs along the exterior wall of the master bedroom. Vendors are taking care of the work that needs to be done. All good up to here....

    Now, my tenant claims that there is damage to her brand new bedroom set. I have not asked for images yet, because I am unsure as to how to proceed. Who should be accountable for this? Landlord? Tenant? Home builder?

    Thanks for the help!

    If you don’t already have it in your lease, include a clause in all leases requiring tenant to have rental insurance and include you as an insured.  

     Hello Jon! Thank you for your insight. The current lease "strongly urges tenant to secure renter's insurance." Going forward, I am changing the language to make it a requirement. 


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