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Basement Flooding - Tenant proposes I pay them..
by Frank (MA)
on May 21, 2017 @22:48
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Yesterday I received a text message from one of my tenants.
She told me that more than half over her stored belongings in the basement were damaged by mold due to a flood that occurred sometime this winter/spring.
The belongings that were damaged were her professional suits and attire. Se says that the dry cleaning price to remove the mold and smell will be $400. she proposes to subtract $400 from next month's rent due to these damages.
I told her I would stop by to check out the damage, as soon as I can. But she replied by saying that all the clothes in the bags stored in the basement were all the dry cleaners already.
However, in the lease agreement we signed I have written the following:
The Lessee agrees to indemnify and save the Lessor harmless from all liability, loss or damage arising from any nuisance made or suffered on the leased premises by the Lessee, his family, friends, relatives, invitees, visitors, agents, or servants or from any carelessness, neglect or improper conduct of any such persons. All personal property in any part of the building within the control of the Lessee shall be at the sole risk of the Lessee. Subject to provisions or applicable law the Lessor shall not be liable for damage to or loss of property of any kind which may be lost or stolen, damaged or destroyed by fire, water, steam, defective refrigeration, elevators, or otherwise, while on the leased premises or in any storage space in the building or for any personal injury unless caused by the negligence of the Lessor.
Should I tell her that what she doing is uncalled for? Because I don't think I did anything wrong here. She was the one who didn't properly store her expensive and professional suits and attire in her room, and instead left it in the basement.
How could I write to her in the nicest and most polite way possible to tell her that what she is doing is wrong? I want to kill her with kindness - but I feel I am too inexperienced and would be too rash since I'm new to being a land lord?
Thanks for your time
Frank
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Re: Basement Flooding - Tenant proposes I pay them..
by Anonymous
on May 21, 2017 @22:57
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Your lease clause may not be enforceable as a tenant(lessee) can not waive their rights granted by law.
If $400 is all she is asking, you might consider paying and having her sign a release for any future claims.
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Re: Basement Flooding - Tenant proposes I pay them..
by AnonymousFL
on May 22, 2017 @11:44
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The only leverage I can see that she may have is she reported a problem prior to the flood and you did not remedy it AND THEN that problem was related to the flood happening.
If the basement was moldy and she still kept her things there, she was taking that risk.
This sort of thing is exactly what renters insurance is for.
However, is she a good long term tenant? Might it be worth paying money to keep her? You could sit down with her and explain that you actually have no liability, but still feel bad and offer to help out by paying some (half?).
However you decide to do it, be nice, but don't be a pushover if she tries to steam roll you. Legally, it is very likely that you have all the leverage.
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