Tenant forgot the bathtub faucet running causing a water damage. Who should pay?

Question

Hello,

My tenant left the bathtub faucet running, causing an overflow and significant water damage. Does renter's insurance typically cover this? If not, can I involve my insurance, or should I deduct the cost from her deposit? If I involve my insurance, can I still deduct the amount from her deposit even though it might increase my premium?

Theresa Harris · Answer

They left it running, they are responsible.  You need to make sure they talk to their insurance company and get it sorted in a timely manner to avoid mold issues.

Nathan Gesner · Answer

Tenant is responsible. If their insurance doesn't pay for it, then they should pay out of pocket. Can't afford it? Tell them to get a loan!

Do not ever deduct from the deposit while the Tenant still lives there!

If Tenant refuses to pay, terminate their lease. Once they are out, make the repairs and deduct from their deposit. Send them a bill for the remainder. if they don't pay within 30 days, send them to collections.

Bjorn Ahlblad · Answer

If you asked the tenant to have renters insurance that is the kind of protection that a policy generally covers. Exhaust that avenue before you think about your insurance! All the best!

Theresa Harris · Answer

Tell her you want her insurance details and you can call them.  Your insurance will NOT cover negligence by your tenant.  Get it fixed and have the tenant come up with a payment plan.

Yaniv Sigler · Answer

Unfortunately the renters insurance doesn’t cover negligence on behalf of the tenant.

Richard F. · Answer

Aloha,

First responsibility would be the Renter's insurance policy, IF they have one/you required one. If no coverage, then, depending on the total cost, odds are your Tenant will not have the money, so it is up to you if you submit a claim with your LL policy, or, if it is relatively low cost, pay out of pocket and save your insurance claim for a major event (multiple small claims will adversely affect your premiums and/or whether policy is renewable. If you submit to your insurance, they should pursue the Tenant. If you pay out of pocket, you can certainly pursue that course of action if you believe they may, at some point, become collectible.

Yaniv Sigler · Answer

OK, but what if their insurance doesn’t cover accidents or negligence? Should I then turn to my insurance and also deduct it from the tenant?

Tenant forgot the bathtub faucet running causing a water damage. Who should pay?

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