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Updated about 7 years ago on . Most recent reply

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Chris T.
  • Investor
  • Downers Grove, IL
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Question for experienced landlords - dilemma

Chris T.
  • Investor
  • Downers Grove, IL
Posted

My basement had water a few days ago, and I immediately contacted my contractor and his crew to come in to remediate the issue. The tenant had a few items damaged, and I had warned him before that it may flood. In fact, after the clean up, I went there to sanitize and mop the basement. 

Now, he is asking for rent abatement (luckily his contractor was there when the flood was discovered and helped moved his items to reduce the damages), in additional to the low water pressure discovered recently. (which I will address)

He is an attorney, so I don't plan to bring up my lease yet. I do have a clause stating "Landlord will not be held liable for any of tenant's property" and "Tenant should have renter's insurance" etc. I understand it will be a losing battle to argue with a lawyer on contractual issues. 

My solution is to offer him some money, and clearly state it's a 1 time courtesy. And to gently remind him that I was very responsive with the issues. If he pushes even more, then I will offer him to break his lease and return his deposit. I don't want this to set a precedent that he will demand reduced rent due to issues I cannot control. 

I would love to hear your professional opinions.

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Wesley W.#2 General Landlording & Rental Properties Contributor
  • Rental Property Investor
  • The Vampire State
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Wesley W.#2 General Landlording & Rental Properties Contributor
  • Rental Property Investor
  • The Vampire State
Replied

I'm confused.  Does he think you were negligent in some way?  It sounds like his renter's insurance (that you recommended) would cover this type of loss.  It also seems like your lease spells out you are not liable for any property loss.

I would be careful about giving him any kind of settlement as I don't see where this is on you.  I think it sets a bad precedent.

Would you be considering this if the guy's job was a software developer?  Again, I'm not sure why you're entertaining his - frankly - demand.

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