Do I owe my renters from water damage?

Question

I own a two apartment building. In the basement apartment, there has been some significant water damage...$1,600 worth. This is from a long time of "seepage" through the shower tile and pan into the walls. Anyway, a big mess. I am going to pay to demo it and install a new shower. Do I owe them for loss of use for the 2-4 (est) days they are out of a shower?

The seepage has been happening for a while and they never told me until I was over there measuring for new windows... So the carpet in the affected bedroom was soaking wet! Lots of damage

Answer 1

If it is YOUR property that caused the damage, then YOU are responsible for all of it, including temporary housing should they not be able to stay there...but they still owe you full rent.

If it is, let's say, caused by a branch that fell into the roof and punctured it, and rain came in...then that is an act of God...and you are not responsible.

In other words, the law isn't going to reward you for not maintaining the property.   I understand that you can't be there every day and that they should have reported it, but you are still responsible.

Give them maybe 25% off rent for the next month to compensate...that's probably fair.  That's about a week of rent plus a little extra for their trouble.

If they sued you they would have got TONS more.  The legal term is "constructive eviction".

Answer 2

The self named expert is full of it, or maybe high.

This does not constitute anything close to an constructive eviction.

You need to repair your property and get them some new carpeting.   You owe this nothing more.    I would credit them some, but that is ME, not the law.

Make sure your construction crew get the shower up and running ASAP.   It takes 24 hours for the grout to cure, but make sure they do not do it on Friday and then come in on Monday to seal it.

Answer 3

Tenants aren't always the greatest at keeping you informed, as you've found out.

I'm not a lawyer, so this isn't legal advice. However...

Whether you owe them for the loss of use depends on your lease (and whether there are any local laws addressing that). But check the lease and see what it says about the unit being uninhabitable. There should be something in there about habitability. (Yes, the unit is inhabitable even without a shower, but that's the provision they'd rely on to make the argument that there should be compensation.)

As a practical matter, from my experience, if the tenants see that you're really trying to make things right, they're usually very cooperative. You know your tenants better than I do, of course.

Any damage to their possessions should be covered by their renter's insurance. And your lease should require that your renters have renter's insurance. In fact, if you have the right type of policy (a landlord's policy), your insurance won't cover their personal possessions. However--though you may not want to file--it's possible that your insurance has a provision regarding loss of income. If you lose income--because you don't charge them for the days the property is uninhabitable--it's possible you can be compensated via your insurance. Check your policy.

Hope that helps.

Answer 4

None of my landlords have ever compensated me for my things being damaged or for the bathroom being out of order.

They really should have told you about the problem before it got so bad. It is partially their own fault if their things were damaged because they could have prevented it.

They should feel lucky that you aren't making them leave the apartment entirely during construction.

Answer 5

I wouldn't think so.  They should have told you of the problem before it became a huge mess.

Answer 6

probably the cost of a motel for a couple of days

Answer 7

The law doesn't require it but i would take them to dinner or lower the next month's rent.  Noncomplaining tenants should be rewarded. /