Is tenant responsible for damages?

Question

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?

Rob L. · Answer

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

Hope this helps!

Apartment Condition Statement

Franklin Romine · Answer

@Michael Buckley

There is a info commercial I have seen on TV, two guys fishing in a boat with the bottom of the boat sprayed with a can of some kind of rubber sealer.  If it works for this problem we could be millionaires quickly.

Frank

Bob B. · Answer

If a fiberglass tub/shower is not installed properly it can flex and bend.  I don't see how it could be the tenant's problem unless they had a shower party with too many people in the shower.

Derreck Wells · Answer

Pretty sure this one is gonna be on you. You don't know and can't prove if it was there when you bought the place.

Personally, I find the idea that the tenant didn't remove the mat before their first shower pretty disgusting. Using an old shower mat that a previous tenant left behind? No way would I ever do that. Even worse is they apparently didn't clean the tub in the 3 months they lived there.

Makes me think the tenant dropped something and broke the tub, but like I said above, proving it is the issue.

Michael Buckley · Answer

I never even thought of that. That is a fantastic idea. Not for long term, but a temporary fix to prevent further water damage until it could be replaced

Marcia Maynard · Answer

This is quite possible. A similar thing happened at my parents home - not the shower party - but one obese brother taking a shower lead to the failure of the shower floor and the drain assembly. Did not happen overnight, it was an accumulative effect and it just happened to give way under my brother's weight. We think it was a matter of material failure with age and not enough supports under the shower pan.

Mike Hurney · Answer

@Michael BuckleyI believe it's on you;-(

I'm glad you did seem to have done it ASAP and are moving on.

Michael Buckley · Answer

I figured I would be the one eating the cost. I do appreciate them letting me know when they found out as to not make the water damage worse. Taking an unexpected hit like that really hurts the bank!

Is tenant responsible for damages?

Most Popular Reply