Leak above my condo and my tenant wants to be compensated...

5 Replies

Hi, I have a condo and last sunday a leak appeared in the ceiling. My tenant reported it to me and I was in contact with the HOA immediately to figure out who owned the condo above me and to stop the leak. The leak went on for a few days (until monday afternoon), but the plumber has finally stopped the leak and is working on fixing everything.

Meanwhile my tenant says that the leak has made my condo unlivable and he wants to be compensated for "not being able to live there"... even though he has been there this whole week.  He has threatened legal action if I do not compensate him.

I understand that the leak is a problem, but I have done my best to mitigate the damages and it's in just one small area of the condo.  Should I compensate the tenant and give him free rent for the time where there was a leak?  Only partial rent?  Or make him pay full rent?

Thanks for your help!

I'd give the tenant owner above you the cost for fixing your apartment.. 

Your tenant should be given a concession for loss / interrupted use, especially if this was only a 1 bath unit, so keep track of days under work, get insurance name from above tenants company, and figure it out..

@Marcus Lee

Have the tenant use their renters isurance to cover loss of use that's what it's for. Of course when the insurance company denies him because he is still living there then it's on him. If it is uninhabitable then he has to leave the premesis and not return until it is.

Thank you for your advice

If he remained in the unit he is not legally entitled to anything. As suggested have him contact his insurance company.

Let him threaten all he wants. He has no grounds.

You rented him a nice apartment and for x days it was not a nice apartment, it was an unpleasant apartment. There is a price for a roof over your head, it is not free. Figure out what an unpleasant apartment rents for by the day and subtract it from what your tenant paid by the day. Refund him the money he paid up for a nicer place x the number of days it was unpleasant. Imo, there is a fair way to resolve everything. Accidents happen. No one is compensated for the inconvenience of s car accident, just actual damage,

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