Landlord/Tenant Issue?

2 years ago we completely remodeled one of our triplex units, including the bathtub/shower, etc and rented it to a coworker, who weighed around 500pds. Now the tub cracked and has a hole in it that we are not able to patch. Need to replace the whole thing-this will take a few days to accomplish. Who is responsible for the damage? Should we compensate the tenant for the inconvenience or should we take it out of their deposit for the damage? Can't believe this has happened after all the work we put into that place!

Update:

It was a brandnew fiberglass tub and surround, tile trim..Not under warranty anymore.

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  • 1 decade ago
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    This is one of the things the deposit is for. It's your responsibilty to fix things the apartments and their contents, but that doesn't free the tenant from their responsibility to care for the unit and installed components. So the best idea is to take a picture of the damage and take from the deposit exactly what it costs to replace it. Even though the warranty is expired it's a good idea to have the receipt or some other proof of when it was installed just in case the coworker denies doing damage.

    Do keep a business composure though, using emotion will only make things difficult and if the coworker is otherwise a good tenant, you'll likely want to keep the income.

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  • 1 decade ago

    The cost of damages done by a tenant is usually the responsibility of the tenant and in most cases taken out of the damage deposit, and such an event should be spelled out in the lease agreement using a check in form that ascertains conditions prior to occupancy. On some occassions the cost of repairs exceed the damage deposit and an agreement with the tenant must be reached in writing. With a lease or in the absence of a lease agreement or the language stating who is reponsible for damages or the absence of a check in form establishing existing conditions, you will have to abide by the procedures codified in the landlord tenant laws of your state. Failure to conduct your self in the matter stipulated in those laws can cause substantial financial damage to you (even though you did not cause the damage) in addition to the repairs that will be required and caused by Jenny Craig

    Buena Suerte

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  • 1 decade ago

    I don't know that this is definitely something you can tie to your tenant's weight, and even if you could - I believe weight is a protected status under fair housing laws. As this is a coworker, have you considered approaching the tenant and asking to split the costs for the repair? It's entirely possible that the damage is due to a combination of factors such as improper installation etc. and the tenant's weight. At least attempting to split the costs might be the most amicable solution.

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  • 1 decade ago

    Please replace the tub with a metal one, or you will likely have the same problem. My mother in law has one of those fiberglass things and when we stay at her house I hate to shower, I always feel like the bottom of the thing is going to let go. This is her third replacement.

    If this were my rental, I would offer to split the cost of the replacement.

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  • Anonymous
    1 decade ago

    he did the damage. You need to fix it, but yes do take it out of the deposit. It is for damage over and above normal wear and tear

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  • 1 decade ago

    yeah, legally it should come from the deposit. I don't know if you can prevent it from happening again unless the tenant intends to lose some weight.

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  • lucy02
    Lv 6
    1 decade ago

    I think the normal procedure is to take it out of the deposit. I wouldn't compensate him since he's the one who broke it.

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  • 4 years ago

    No it does not. you purely tell the appliance business enterprise to do an exceedingly final interpreting, pay that and close your account. whilst tenant loses utilities you purely respond with "i assume you probably did not open an account"

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  • I would think that you would be able to take it out of the deposit as it was tenant fault....regardless of size.

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