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Tenant caused water damage by not reporting broken - Landlord Forum thread 305991

Tenant caused water damage by not reporting broken by Levent Kurtoglu (Minnesota) on October 23, 2013 @01:45

                              
My tenants failed to report broken seal of the soap holder on tiles next to the bath tab (looks like somebody leaned on the soap holder to stand up in the tab and broke the seal). They continued to use the bathroom in this condition and due to water leaking behind the tiles the walls have gotten soft and some of the tiles bulked. The estimate for the fix is well over their security deposit. Tenants denies noticing it until very last day during cleaning. I did not return the deposit; they demand return of the deposit and threat to take me to small claims court. Is it tenants responsibility to report a negative condition in the rental so that it does not get worse and more costly? I'm not sure if it was my responsibility to schedule periodic inspections to find out this condition. I'm also not sure if the court would decide if this is normal wear and tear by considering it under 'loose grout - bathroom tiles'. Should I return the deposit?

Thanks in advance.
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Re: Tenant caused water damage by not reporting broken by Bill on October 23, 2013 @10:05 [ Reply ]
"Is it tenants responsibility to report a negative condition in the rental"

Is this what your lease says?
Re: Tenant caused water damage by not reporting broken by Katiekate (New York) on October 23, 2013 @10:33 [ Reply ]
I have been renovating bathrooms for decades. The proper way to do this is to install cement board first, screwed to the studs......then tile over it.

Done right...there isn't any way to pull a soap dish tile off the wall short of a sledge hammer. Plus...even if it gets wet behind (which really cannot happen)...cement board is never going to "get soft".

Frankly, I think you are looking at an issue with the installation.
Re: Tenant caused water damage by not reporting broken by Anonymous on October 23, 2013 @16:18 [ Reply ]
The question is, did you get it fixed? You may need to show repairs done in small claims.
Re: Tenant caused water damage by not reporting broken by Ryanharris (Texas) on October 24, 2013 @06:10 [ Reply ]
You should mention the repair term in the lease agreement and it's your duty to do inspection from time to time.

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