Who is responsible for naturally occurring damages?

Question

Please forgive me if this has been posted 100 times, but I did not find it when I searched. I recently helped a friend move out of her rental SFH, and the place is pretty trashed. Some of it is pretty obvious landlord negligence (think, dripping bathtub faucet for so long the tub is turning blue). Some of it is pretty obviously the tenants' fault (think water-damaged wood floors from wet spots on the carpet above). However, my question is about damage that occurred because of natural events, made worse from neglect. Like, gutters that weren't cleaned for so long that they've gotten heavy with dirt, and fallen down. Or water damage from a storm that's been allowed to fester so long that sections of the house probably need gutted. Things that would typically be the landlord's responsibility to fix, but if they aren't told about it, does the subsequent damage fall to the tenants?

Nathan Gesner · Answer

Clogged gutters are not a "natural" event. In my lease, the tenant is responsible for cleaning the gutters. If they fail to do that and it results in water damage, the tenant is liable.

If water gets inside the home and the tenant is aware of it but fails to report it, they are negligent and therefore liable.

If the tub is dripping and they fail to report it to me so I can fix it, they are negligent and liable.

If they leave a window open and rain water comes inside the home and damages the flooring or window sill, they are negligent and liable.

It sounds to me like your friend has no idea how to care for a home. If I were the Landlord, I would probably spend her entire deposit and then send her to collections.

Brandon Ingegneri · Answer

It is a landlord's responsibility to be aware of what is going on at the property.  Part of that is selecting a tenant that you can have open communication with so that small issues are dealt with when they are exactly that... small.  If damage occurs outside of normal wear and tear, it is the tenant's responsibility.  This is when negligence or deliberate damage occurs.  If it is a question of deferred maintenance, that is on the landlord.

Having said that, the terms and conditions set forth in a lease may or may not spell out specifics, especially for a single family home.  The buredon may shift slightly in a SFH depending on what is noted in the lease.

Scott Mclaren · Answer

I build the cost of gutter cleaning into my rent price. I do not want my tenants up on my roof or up on ladders,

Ryan Dossey · Answer

Nothing deferred maintenance related would be on the tenant. Ex: Gutters, Storm Water, Etc. Unless they never told the landlord. I could see him trying to go after them. However, I don't see a judge ruling in the landlords favor lol. The property you're referring to sounds like a nightmare.

Reggie Maggard · Answer

I agree with what you say in your post in regards to tenant vs landlord. I put everything on my tenant that occurred because of their negligence...clogged pipes because tampons, garbage disposal because of carrots, etc... Carpet is a tough one a lot of times unless its just burned or something. Holes in the walls always get put on tenant. Its your call, the judge will let you know if you are right or not.

Katie Hendrixson · Answer

Thank you so much for all of the guidance! @Ryan Dossey, yes, the property really does look like a nightmare. It didn't look that bad full of furniture, but now that it's an empty space, all of the defects really show. If I were really considering purchasing it, I would want to do a total gutjob. @Nathan G. and @Theresa Harris, that makes a lot of sense. It's a good reinforcement of how important a well-written lease is. Honestly, there was some serious neglect on both sides. The ceiling in one of the bedrooms fell in due to a roof leak and it took the landlord weeks to send someone out to get it repaired. Also, the landlord replaced the flooring in the bathroom, and the leaking faucet would be obvious, so it's not like she had been completely absent and couldn't see what was going on. My friends also clearly had no interest in taking care of the property, and it's pretty wrecked. No holes in walls, but a lot of general filth and neglect. I'm just worried the landlord is going to try to sue them for damages, and it sounds like losing their security deposit may be the least of their concerns.

Scott P. · Answer

I agree with @Nathan G. except that in my current leases gutter cleaning is on me.

Ryan Heywood · Answer

It sounds like some of these damages could go either way, the best place to start would probably be the lease document that she signed to see what is covered.

Joe Splitrock · Answer

@Katie Hendrixson landlord is responsible for damage that results from their neglect. It really comes down to if the tenant reported the problem. I keep records of all tenant correspondence. Very often the tenant will not report something like a dripping drain. Then what would have been a simple fix turns into large damage. Water can drip on floor for days before it creates damage, so if you are seeing damaged flooring, that is weeks, months or years of neglect. Tenants try to say "it just happened" but you can tell from the extent of damage whether it is recent or long term neglect.

Taylor Roeling · Answer

@Katie Hendrixson When it comes to naturally occurring events - usually natural disasters are where more coverage will come into play. For example, a lot of landlords have to purchase landlord insurance separately from their basic rental property insurance. This is also where renters insurance comes into play to protect the tenants belongings so the money doesn't fall on the landlord (requiring renters insurance is key here) - here is a great Forbes article that talks about natural disasters and how to prepare and minimize costs along the way.

Who is responsible for naturally occurring damages?

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