Tub Overflow

General Landlording & Rental Properties
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Tub Overflow

Chad Rainwater
Investor · Saint Paul, MN · Member since 2016 · 17 posts · 7 votes

I realize this question may not be the pressing issue of the week but if a tenant overflowed the tub while filling it up and water came through the first floor ceiling, what is the normal landlord action to take?  Do we pay the bill?   Is it tenant responsibility?   

Thanks for your support!

Chad

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Derek Lacy
Insurance Agent · Maitland, FL · Member since 2015 · 397 posts · 244 votes
10y
Chris Christianson renters insurance would not cover tub overflow on a property being rented to them. Smoke, fire, explosion, that's it.
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  • JD MartinBusiness Member
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    Rock Star Extraordinaire · Northeast, TN · Member since 2015 · 10k+ posts · 16k+ votes
    10y

    Well, to some extent the tenant is responsible - with the caveat that a bathtub should have a working overflow connection to prevent such a scenario. Even my clawfoot tub houses have overflows. So I would probably see what we were talking about regarding the extent of damage, and if it were minor and the tenant was otherwise responsible I would probably fix it and make sure the tub had a working overflow, and have them responsible from there forward. 

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  • Chad Rainwater
    OP
    Investor · Saint Paul, MN · Member since 2016 · 17 posts · 7 votes
    10y
    Thanks JD. I failed to mention the tub overflow is functional.
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  • Chris Christianson
    Contractor · Minneapolis, MN · Member since 2013 · 112 posts · 67 votes
    10y

    I would hope that your tenant would have a renters insurance policy that should cover this type of thing.  If the overflow is working, how did they overflow the tub?  Only scenario I can imagine would be to fill the tub to the overflow then quickly submerge enough mass to run it over or more probably, just splash a bunch of water out.  Sounds like a renter liability to me.

    That said, I'd fix it then look into the ways to recoup my money.

    Good luck!

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  • Kevin Harrison
    Investor · Woodbridge, VA · Member since 2015 · 476 posts · 197 votes
    10y

    if the tub was in good working order then the fault lies squarly with the tenant.

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  • Derek Lacy
    Insurance Agent · Maitland, FL · Member since 2015 · 397 posts · 244 votes
    10y
    Chris Christianson renters insurance would not cover tub overflow on a property being rented to them. Smoke, fire, explosion, that's it.
    1Reply
  • Chris Christianson
    Contractor · Minneapolis, MN · Member since 2013 · 112 posts · 67 votes
    10y

    Thanks @Derek Lacy.  Guess I made the foolish assumption that renters liability insurance would cover renters liability.  Don't know what I was thinking.  

    The tub issues still sounds like renters liability (albeit not covered by insurance) issue to me but I'm probably lacking some of the facts, like I was in my insurance knowledge.  

    I've actually been thinking about waterproofing the bathroom floors in the rental properties I rehab and adding a floor drain.  Probably a schluter, tileable drain so it looks nice.  That would put an end to the issues with tub and toilet overflows and depending on the level of the rehab, wouldn't add much cost.

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  • Andy D.
    Investor · Zürich, Zürich · Member since 2016 · 292 posts · 115 votes
    10y

    I think what @Derek Lacy wrote is a large simplification although I'm no expert at all. To my knowledge water damage is covered - but not one caused by flooding (which, of course, is the cause here). Water damage caused by, for instance, a pipe bursting is - typically - covered (ask me how I know...). Also, what he lists is too limited as, again for example, theft or vandalism is - typically - covered.

    It needs to be said, though, that renters insurance is typically a "named perils" type of insurance, meaning that the peril covered by the policy needs to be named/listed. If it's not named then it's not covered. Which, of course, then means that the matter of defining such perils comes into play: damage caused by flooding is not covered. But how do you typically get to flooding? The water doesn't just miraculously appear below the ceiling and fall to the floor causing flooding... But I guess if the cause for the flood was a pipe that burst then the damage ultimately caused by the flooding would be covered as the root cause of the water damage is a burst pipe. Those are my thoughts anyway.

    @OP: you will have to take immediate remedial action as water damage can cause all sorts of secondary problems (mold etc.). You should inform your tenant about this and the necessary steps you envision to go with this (taken care by a professional). Also you should, at the same I guess, clearly communicate to the tenant that this was his fault and that he will be responsible for the damage caused. And no, it will not be left to his choice how this is going to be fixed. It's your building, and this is a serious incident. In addition you should check if the tub's overflow is indeed working (could have been clogged up by some kid having stuffed something down the holes or whatever, one never knows). Also, you should find out how this happened in the first place to avoid it happening again.

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  • Chad Rainwater
    OP
    Investor · Saint Paul, MN · Member since 2016 · 17 posts · 7 votes
    10y
    Thanks everyone. I appreciate all the input. One more reason why BP is such a valuable tool for every investor.
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