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Re: Question: *must* we buy new basement carpet?
by Anonymous
on June 2, 2012 @19:06
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Since the water leak itself was presumably not the tenant's doing. You ruined your own carpet. Your tenant is not a home inspector, these things are your own responsibility unless the tenant causes the actual damage.
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Re: Question: *must* we buy new basement carpet?
by OP (GA)
on June 3, 2012 @09:20
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The tenant did ruin the carpet, baseboards, and bottom two feet of sheetrock by failing to report the water heater leak for weeks or months while mold grew rendering the carpet uncleanable.
If the tenant had notified us promptly of the hot water heater leak, as they agreed to do in their lease, we could have simply had it cleaned, replaced the heater, and that would have been it. No big problem, and totally the landlord's responsibility.
But instead the tenant ignored the leak for however long it took for the entire basement to become soaked, a 10 foot diameter green circle of mold to grow in the center of the carpeted room and two inches of black mold to grow up the baseboards. How do you ignore something like that happening in your home? That *can't* be cleaned, just ripped out and replaced. I'm thinking it took weeks at the minimum for this process to happen. It certainly didn't happen "while they were at work that day" as they lied to us when they called Wednesday.
Hopefully, our landlord insurance will cover it despite the tenant's obvious negligence in reporting the problem. If the insurance doesn't cover it, I want to know my legal obligations. Am I required to replace something they themselves ruined if it's not a habitability issue?
Just the unnecessary $1000 deductible is quite a hit to our family. They treat us like we're Mr. and Mrs. Moneybags when in reality we're just a couple with two small kids who couldn't sell their house when we had to move for a job change.
As a result of not being able to sell the first house, we had to move into a foreclosure fixer upper dump ourselves near my husband's job. At least, though, we're not wasting money on rent or having to give away our old house at half it's value.
It really galls me to see my nice former home of 12 years treated so shabbily when honestly I would love to be living there again myself. Landlording may not be for us. It galls me when the tenant treats my house and me like crap. I work with computers the rest of the time. They're much more pleasant and sane than some humans.
If insurance does not cover their negligence, I pretty much cannot spring thousands of dollars to recarpet their basement. Even the insurance deductible will be tough for us. Maybe they'll learn that if they don't follow the terms of the lease and allow nonessential parts of the house to be ruined out of their neglect, we won't just jump and replace it with a smile.
K
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Re: Question: *must* we buy new basement carpet?
by Jake
on June 3, 2012 @10:37
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Your carpet is probably way past its useful life and can not be charged off against the tenants. You have bigger problems than an old carpet. You need to get into the locked spaces to see if your tenant is growing dope or has stolen property. Rekey the spaces and make it understood that they can not be changed again. If your tenant will not allow you in the locked spaces you can call the police and tell them you think you smell dope on the other side of the door.
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Re: Question: *must* we buy new basement carpet?
by Mark
on June 3, 2012 @17:33
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"The tenant did ...... failing to report the water heater leak for weeks or months while mold grew rendering the carpet uncleanable."
You have no proof how long the leak was going on, and you have no proof that the tenants where aware of the leak.
Anything said to any worker is just hearsay. You can not pin point the start of the leak and the time when the tenant should have found it. By your statement, you do not know if it was a day, a week, weeks, or months.
If it was a few weeks or several months, you will be ask to provide list of times that you inspected the property and service records for the water heater. Which of course you have none. The judge will look to you to prove that the water heater leak and resulting damage could have been reduced or prevented by proper inspections and maintenance. Not to forget that the water heater was not installed to code.
If by all means you can prove the tenant was at fault and you had no responsibility to prevent the damage. Then go to court to make the tenants pay. Of course the tenants could counter claim for damages.
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Re: Question: *must* we buy new basement carpet?
by op (GA)
on June 3, 2012 @09:21
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"Home inspector"? Really?
Does it take a rocket scientist to notice wet carpet and call the landlord before it turns green?
How stupid are tenants allowed to be? No, don't tell me.
K
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Re: Question: *must* we buy new basement carpet?
by MrDan (Georgia)
on June 3, 2012 @13:41
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Again, you really have no recourse. You took the chance of having a 15 year old water heater, thats located in the basement level without proper percautions to prevent water damage in case of leaks.
There should be a label on the water heater that states how the water heater should be installed to handle protential water damage.
'WATER LEAKAGE' Regardless of the materials from which a water heater is constructed, it will at some time leak, due to the corrosive action of water. This water heater must not be located in an area where leakage will result in damage to adjacent area or lower floors. When such area cannot be avoilded. it is recomended that a suitable catch pan, adequately drained,be installed under the water heater.
The best you can hope for is to ask if the tenants will pay something toward the deductable. Perhaps half the amount. You can not charge them for the full amount as this was something that could have been prevented by you.
Only a court can assign negligent to one party or the other. Your risk of deducting your deductable from the deposit will surely get you into court.
Hopefully you have corrected any possible future leakage by installing a catch pan and water alarm system.
Offering to work this out by splitting the deductable with the tenant is better than going to court.
Did your insurance company not pay for replacement carpet? Then find a good inexpensive carpet to install.
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Re: Question: *must* we buy new basement carpet?
by Anonymous
on June 3, 2012 @16:30
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You want someone to pay for your home, but you resent having them actually live there. You were also too cheap to do proper repairs and maintenance so you want the tenants to pay for your mistake. Look in the mirror if you want someone to blame.
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