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Updated over 10 years ago on . Most recent reply

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12
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5
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Michael Buckley
  • Investor
  • Westfield , MA
5
Votes |
12
Posts

Is tenant responsible for damages?

Michael Buckley
  • Investor
  • Westfield , MA
Posted

Two prop weeks ago I received a text from my tenant "I just removed the green shower mat that has been there since we moved in (about 3 months) and there is a crack in the shower floor. I don't know how long it's been there." When I took a look at it, it was a spiderweb style crack, right where you would stand to shower.

This is my first tenant since acquiring the property, and I have no significant physical proof that the crack didn't already exist. I have pictures of the bathroom, but no close pictures of the shower floor. 

When i received an estimate, I was told that the shower floor and walls would all have to be taken out and likely replaced. So i had a new tub and tub walls installed. Between the parts and labor, it cost me almost $1,500. 

In Massachusetts, is this something that I can legally charge my tenants for, or take out of the security deposit?

Most Popular Reply

User Stats

293
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157
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Rob L.
  • Haverhill, MA
157
Votes |
293
Posts
Rob L.
  • Haverhill, MA
Replied

hey @Michael Buckley, I've had similar things happen. To protect both you and the tenant I've found it best to provide them with a Apartment Condition statement when they move in. I walk through the apartment with the tenants and we write down anything we see that is already damaged or broken. 

Hope this helps!

Apartment Condition Statement

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