Roof leak damaged tenants property

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Roof leak damaged tenants property

Rocky Sanguedolce
Real Estate Investor · Montgomery, PA · Member since 2014 · 16 posts · 4 votes

Tenant was not home for 2 days & she came back to a bad roof leak. Completely soaked her bed, clothes & tv. I feel responsible since it's my roof & I want to make the situation right. How would you handle something like this? 

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Robert Melcher
Residential Real Estate Broker · San Antonio, TX · Member since 2016 · 506 posts · 311 votes
10y

We have to hold the line with the landlord's responsibility to respond and repair the issue.  The resident has to insure their possessions, and the landlord's liability ends at the timely repair.

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  • Zana Blue
    Investor · Saint Augustine, FL · Member since 2015 · 227 posts · 61 votes
    10y

    Does she have renter's insurance  ? 

    2Reply
  • Russell Naylor
    Colorado Springs, CO · Member since 2016 · 214 posts · 58 votes
    10y

    Can check with your insurance provider, but many landlord policies have limited or no coverage for tenant property. 

    If they have renters insurance, could file a claim and see if it would be covered. Maybe you could pay their deductible if you feel responsible and that may limit your exposure (if they have insurance and it is covered of course). 

    Or if you feel inclined, buy them new stuff. Or help them towards replacing it. 

    1Reply
  • Elizabeth Schellhammer
    easton, PA · Member since 2015 · 45 posts · 19 votes
    10y

    This happened to me when I was renting a few years ago. I had just moved into a new apartment and had all of our odds and ends stored in the "three season room." It rained and the roof leaked and destroyed my grandmother's antique sideboard that I inherited. I was furious as I was under the impression that this room was safe living space. When I called the landlord, he explained that the roof does leak in that room. Of course he did not disclose that to me before move in, and never did fix it while i lived there, despite multiple calls to him. Anyway, he did nothing except offer an apology for the destroyed property. Oh and guess what, when I moved out, he tried to keep my security deposit for the leaking roof, stating that I never called to inform him it was leaking and that it's my responsibility to fix it. (we fought and won that case)

    I have to say, I am a much better land lord than he was. If anything, he taught me what not to be... a criminal lol. 

    Well this post got a bit out of hand, but I am excited to hear what you decide to do!!! Keep us posted.

    1Reply
  • Jacob Sampson
    Investor · Topeka, KS · Member since 2015 · 1k+ posts · 1k+ votes
    10y

    I require renters insurance for just such situations.  I doubt any of my tenants get it but at least I have that line to point to in the lease.  That being said if they are good tenants I am often willing to help out, within reason.

    Listen to this great story.  I had a 4 plex, 2 up/2down.  The upstairs tenant was in a rush to go somewhere and had to use the restroom so they did their thing, flushed the toilet and ran out of the house (around 2AM).  The toilet clogged and never stopped over flowing.  Needless to say, all that toilet water pooled up in the sheetrock ceiling below until it burst and landed square on top of the sleeping tenants below...

    1Reply
  • Steve Haight
    Las Vegas, NV · Member since 2014 · 732 posts · 137 votes
    10y

    @Rocky Sanguedolce

    Start flipping dirt, get away from leaky toilets and roofs. Just my opinion!

    Good luck on the house

    Cheers,

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  • Robert Melcher
    Residential Real Estate Broker · San Antonio, TX · Member since 2016 · 506 posts · 311 votes
    10y

    We have to hold the line with the landlord's responsibility to respond and repair the issue.  The resident has to insure their possessions, and the landlord's liability ends at the timely repair.

    4Reply
  • Rocky Sanguedolce
    OP
    Real Estate Investor · Montgomery, PA · Member since 2014 · 16 posts · 4 votes
    10y

    Thank you for the feedback guys. I'll feel her out and get an idea on how to best resolve the situation amicably. 
     

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  • Nathan GesnerBusiness Member
    Moderator
    Real Estate Broker · Cody, WY · Member since 2010 · 28k+ posts · 41k+ votes
    10y

    Your insurance will cover the home, not the tenant's personal property, which is why the tenant should carry renters insurance.

    If you cover her losses you will have to do so out of your own pocket. It is setting a bad precedent for future problems. If you pay for it this time, how will you avoid paying for $10,000 in damages the next time?

    I think you are making a mistake by offering anything.

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  • Rocky Sanguedolce
    OP
    Real Estate Investor · Montgomery, PA · Member since 2014 · 16 posts · 4 votes
    10y
    Originally posted by @Nathan Gesner:

    Your insurance will cover the home, not the tenant's personal property, which is why the tenant should carry renters insurance.

    If you cover her losses you will have to do so out of your own pocket. It is setting a bad precedent for future problems. If you pay for it this time, how will you avoid paying for $10,000 in damages the next time?

    I think you are making a mistake by offering anything.


    The more I think about it the more I agree with you. I told her to get renters insurance too & she never did. I'm going to add it as a requirement in my lease. Thanks again for the feedback. 

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  • Linda Liberatore
    Real Estate Investor · Schaumburg, IL · Member since 2014 · 76 posts · 30 votes
    10y

    I agree you should not pay.  Luckily this small incident could have been much worse and becomes the platform for the changes you can make to enforce the renters insurance. Work with your agent to provide contact information to all new residents and when listed correctly in the loss payee section you will be alerted if the rental coverage is terminated or not renewed.  In our experience a requesting an updated certificate semi-annually is a good practice. Talk to your agent about a handout you can provide he/she should be happy to help. 

    0Reply
  • Franklin Romine
    Visalia-Fresno, CA · Member since 2009 · 1k+ posts · 863 votes
    10y

    If it's a good tenant give them a gift card to walmart.  Bad tenant... tell them to move.


    Franklin

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