Am I Responsible for a Tenant’s Water Damage?
Real estate Q&A: When a tenant installs an unauthorized water filter that caused extensive damage, who is responsible? You are likely accountable for damages.
FORT LAUDERDALE, Fla. – Question: Our tenant installed a water filter directly into the plumbing without our knowledge. This caused a leak that drained through the floor and damaged the unit directly below ours. Of course, the tenant is not concerned about the damage he caused. What do we do? — Dennis
Answer: As the property owner and landlord, you bear some, if not most, of the responsibility for the damage your tenant caused to the neighbor. Despite your lack of knowledge about the unauthorized addition to the plumbing, as the property owner, you will likely be held accountable for the damages.
Property owners are legally obligated to maintain their property to a standard that prevents damage to others, and you may have to cover the repairs your tenant’s actions caused.
Upon learning about this, your first step is to visit the apartment and ensure the plumbing issue has been resolved. Inspect the rest of the property to ensure there are no other problems; if there are, have it properly fixed.
Put your tenant on notice that he violated the lease and will be held responsible for the damage. Find out if he has rental insurance.
Realistically, making the tenant repay you for the damage he caused will be difficult, but you can at least try.
You will also need to decide if this situation is a reason for you to evict your tenant. Like not paying the rent, breaking the rules set out in the lease, such as making unauthorized renovations, can also lead to the tenant being evicted.
Your next step is to inform your insurance company about the situation. Discuss the damage with your neighbor to determine its extent and find out who their insurance company is, as your insurance company will need this information. Your neighbor’s insurance will likely coordinate directly with your insurance company to make the repairs.
This will be more difficult if one or both of you do not have insurance, but the repairs and reimbursement will need to get done in any case.
While it is better if everyone cooperates, there is a realistic possibility this will end up in court, so make sure to take pictures and make good notes along the way.
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