Tenant caused water damage to adjacent unit

Tenant caused water damage to adjacent 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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  • Greg ScottPro Member
    Rental Property Investor · SE Michigan · Member since 2014 · 4k+ posts · 6k+ votes
    1y

    #1 question, do you require your tenants to have renters insurance?  (You should.)  If they have insurance, it would be covered by their policy.

    It might not make sense to make a claim depending on costs. For example, if the repairs are $2,500 and your deductible is $2,000, it is just a waste of time.  Get some initial ideas of how expensive it will be before making a decision.

    If you make an insurance claim, realistically you should only be charging you resident back for the cost of the deductible. I would be surprised if the downstairs resident would need temporary housing, but if they do, insurance would cover that.

  • Rental Property Investor · The Vampire State · Member since 2013 · 2k+ posts · 2k+ 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.

    @Greg Scott nailed Question 1.  

    For Question 2, I would bill the tenant directly.  You could set up a payment plan, but I would not protract it out more than a few months (depending upon asset class - the higher the rent, the fewer payments).  You don't want a situation where they leave, owing you rent AND the balance on this damage.  You lease should stipulate that the costs of any damages during tenancy are owed as additional rent.  If it doesn't, revise it for next time.  An additional benefit to this is that if they don't pay, you can evict them for non-payment.

    Question 3: it sounds like the scope of damage would not justify an insurance claim.  This is damage caused by your tenant, and therefore the liability as well.  You already know the insurance would not cover the other unit's damage, so why put a claim on your policy history?  Not worth it.  Charge the tenant, then pursue them in small claims in they don't make good.

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