Help! Burst pipe and tenant DEMAND reimbursement

Help! Burst pipe and tenant DEMAND reimbursement

Bridgeport, CT · Member since 2017 · 116 posts · 19 votes
Hi BP members, We had 2nd floor tenants went on vacation and they turned off their heat for one month, so this Monday the water pipe busted. The water gushed in into the hallway and basement. 30min later, another water pipe bursted on 2nd fl bathroom, the water was then streaming from the ceiling going down to the 1st floor another tenant’s bedroom( we caught right away and used the bucket to catch the water) which affected 1st floor tenant. We got emergency plumber came in within 2 hours and fixed the problem. Now the 1st floor tenant DEMANDED the reimbursement on her mattress topper, tempurpedic bed, bedsheets, and rug to be professionally cleaned ( her rug didn’t get wet but she said it was). She also demanded rent compensation since she couldn’t sleep in her bedroom. She then slept on the futon in the living room for a few days. We were sorry about what happened and disappointed and we, the landlord, are the victims as well. It all started from the 2nd floor tenants’s neglects. How do we respond to this? Do we just pay any amount she asked for? Can any experienced landlords help? Thank you all very much!
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Nathan GesnerBusiness Member
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Real Estate Broker · Cody, WY · Member since 2010 · 28k+ posts · 41k+ votes
8y

This is why tenants should have renter's insurance. It's not your fault, therefore you have no liability. If they want reimbursement, tell them to talk to the tenant upstairs that caused the problem through neglect.

FYI: my lease includes a clause that tenants are responsible for damages caused by abuse or neglect. You should consider adding that to your lease.

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  • Bridgeport, CT · Member since 2017 · 116 posts · 19 votes
    8y
    • @Steve McGovern What is C4K style? She is already talking about mold.  The water only came down from ceiling about not even 10 mins. And then we stopped the water right away.  We have used 3 fans to dry the ceiling for past 2 days. It will not have mold. We would love to mutually terminate the contract so she will not be a further problems till the end of 5/31 where her lease will end.   
  • Professional · Lowell, MA · Member since 2014 · 232 posts · 223 votes
    8y

    @Peace Lily ....Of course she is...   :-(  As I noted, it's less of an issue of reality with water, and more of an issue of perception.  That's why I recommended getting that remediation company out there Stat.  Whether or not it's true,  people think "They're professionals.  They gotta know what to do more than my idiot landlord. "    

    C4K;  Sorry. "cash for keys."  In other words, you pay her to get out & leave you alone.  

  • New York, NY · Member since 2018 · 7 posts · 8 votes
    8y

    Despite what many are claiming here, the 1st floor tenant may have significant rights in this situation, including rent abatement.  I would tread carefully here, perhaps consulting a lawyer if you cannot reach an amicable solution with the first floor tenant.  

    As an example, here is a case where a tenant was found to be entitled to rent abatement after flooding caused by an upstairs tenant.  https://www.leagle.com/decision/1979864101misc2d76...

    Disclaimer: The statement above is for informational purposes only and is not legal advice.  While I am a NY licensed attorney, I am not your attorney.  You should consult with an attorney if you need legal advice.   

  • Realtor and Investor · Scottsdale, AZ · Member since 2017 · 1k+ posts · 1k+ votes
    8y

    This is a difficult situation to be in.  There are many variables.  

    First, you have the downstairs Tenant who has damages, not sustained by anything that she did.  Sure, she should have renter's insurance to cover these types of things, but ultimately she potentially has a case....whether that is against YOU or the Tenant upstairs has yet to be decided.

    No in terms of rent, I think that is a bit of a stretch.  Was the place uninhabitable?  Was she without water/heat/bathroom for an unreasonable amount of time?  Inconvenience doesn't necessarily equate to compensation.  The idea that a Tenant will NEVER be inconvenienced is unrealistic.  Apartments turn off water for several hours at a time to do maintenance and repairs all the time.  So, to say that this Tenant had to sleep on her futon instead of her bed, and that equates to compensation....come on.

    Second, you have an upstairs Tenant who needs to be read the lease.  If your lease doesn't already have a clause specifically referencing extreme temps, and what your expectations are for them maintaining a temp in the property, then you need to add it to all of your leases right now....no seriously...RIGHT NOW.

    If you have used a lease provided by any Realtor, or approved by your area association of Realtors, it will include landguage that covers this in a broad term.  So, I would reference this for the Tenant, and remind them that it is their responsibility to make sure they are not causing issues.

    If it were me (and I can only answer for myself), I would offer to pay the downstair's Tenant's deductible for their renter's insurance, assuming they have it (which they should be required to have per your lease), and let the insurance cover the expenses of her bed and whatever else she wants to claim.

    Alternatively, YOUR homeowner's insurance may cover some of it if you have the right policy.  Since you are already having to submit a claim for the water mitigation, I don't see why you wouldn't just add that on to the claim.

  • Member since 2016 · 13k+ posts · 12k+ votes
    8y

    Your down stairs tenant is beginning a scam. You pay her, she also claims on her insurance, collects twice. She then peruses a mold claim extorting a rent rebate out of you and then threatens you with a law suite if you attempt to non renew unjustly. In the end she demands cash for keys to leave. 

    This is a common scam landlords will fall into. You may have seen your last rent payment from her.

  • Rental Property Investor · Atlanta, GA · Member since 2016 · 325 posts · 253 votes
    8y
    Originally posted by @Russ Draper:

    Do NOT pay them anything. You know the old saying, If You Give a Mouse a Cookie he'll ask for a glass of milk .  Don't give them anything because they'll just keep asking for more and it's totally not your fault and you are not liable this is what renters insurance is for !

    Boy I need to remember this mouse and cookie quote:). I made a mistake of offering money for what was not my mistake just to make peace and let me tell you, they then expect every time any little bit of thing go wrong. Don't get into it. Tell them to file a claim with their renter's insurance which I have in my lease that they must have. This is not an act of negligence on your part so you don't have to give in. Also, I don't tell my tenants that I am the owner, for them I am a little guy in the food chain, just a property manager. So any demand they make, I have a standard answer, let me check with the owners/boss, whoever. But hey, you learn as you go!

  • Investor · Akron, OH · Member since 2016 · 2k+ posts · 4k+ votes
    8y

    If you require renters insurance, tell her you'll cover the deductible.

  • Investor · Houston, TX · Member since 2013 · 195 posts · 102 votes
    8y

    @Peace Lily

    If your lease states a minimum temperature clause, then you should be protected. Assuming the tenant on the 2nd floor did not abide by the temperature settings, then they definitely have recourse.

    @Andrew B.

    I agree if the lease has a minimum temperature clause then your protected. The OP didn't state this in the original post. If the tenant on the 2nd floor breached the lease agreement, then yes they are clearly liable. Regarding about it not being in the lease, I'm sorry, but I do not see many states siding with your claim if its not in the lease. I think if its not in the lease its a long-shot. Especially if your in a state that does not have a business friendly climate. 

  • Rental Property Investor · Edison, NJ · Member since 2016 · 753 posts · 565 votes
    8y
    Since you said you would reimburse them I would follow through within reason. In the future though do not be drawn in to tears and make such promises. You can be compassionate and sympathetic without agreeing to pay for things that are not your responsibility. Your insurance will likely coverage damage to the property but it is up to the tenant to have renter’s insurance. We mandate it for our tenants and require proof. I would suggest mandating it when the lease is renewed or with your next tenants.
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