Beyond normal wear and tear

[amenthyst3356]

I have an apartment building in Oakland, CA. I got a call from one of my tenants at 5pm on a friday, that sometime the night before two feet broke off of an extremely heavy porcelain tub with tile underneath. Now the tub is tipped over and broke the tiles underneath it. Who has to pay in this circumstance, I was under the impression that this is beyond normal wear and tear to the apartment. Am I right to want to change the tenant?

 

[HomeGuru]

I have an apartment building in Oakland, CA. I got a call from one of my tenants at 5pm on a friday, that sometime the night before two feet broke off of an extremely heavy porcelain tub with tile underneath. Now the tub is tipped over and broke the tiles underneath it. Who has to pay in this circumstance, I was under the impression that this is beyond normal wear and tear to the apartment. Am I right to want to change the tenant?

**A: how did the damage occur?

 

[sandyclaus]

Excessive Wear & Tear??

Really, can you see how your tenant could have broken the feet off of a very heavy porcelain tub on their own? Somehow, you assume they are at fault for this, but can you say for sure how it happened, and that it was due to something they specifically did wrong? Because that is the only way you will make your tenant responsible for the cost of the repairs.

Bottom line, it's your tub. You, Mr. LL, are responsible for proper maintenance of the property. Unless you can definitively prove your tenants are at fault for the legs breaking off, YOU will foot the bill for the repairs. Call your insurance company and take care of it rather than looking for someone else to blame.

 

[eridon2002]

This is not normal wear and tear. Porcelain tubs should last decades! Someone broke the legs and chiped the tile. It didn't just spontaneously happen. Take pictures and charge the tenant. They are responsible when they damage your property, even if one of their guests did it.

 

[Alaska landlord]

Had you installed a camera, you would know it was due an overcrowded tub. Damage was Probably due to lateral uncontrollable movement of occupants, resulting in unpredictable shifts in weight distribution. This may have caused metal fatigue in supporting legs of the tub over time.

 

[Cvillecpm]

I agree - short of an earthquake - it is not normal wear and tear. Charging tenants for the damage without proof will be problematic!!

 

[Michigander]

Normal wear and tear stands for something.

No I think this is beyond normal wear and tear. I think this will be up to you to repair. I would do it soon nice reason for tenant to break the lease. How long have you let the problem linger? If they are good tenant paying on time and no other complaints why would you try to soak them for the cost? Nevermind your a LL

 

[FarmerJ]

If this is a claw foot tub, at one point they had pins or nails in sideways slots preventing the feet from sliding out. At work a older home we are getting ready to open , in what will be the staff bathroom it had a claw foot tub, the tub needed to be removed to do the flooring , the feet were held into some grooves by SQAURE nails ( YEAH that old) ,the nails as well as the underside of the tub have alot of rust on them. Take a good hard look , if what ever was used to pin the legs in place was rusted OR the slots the legs slid into are rusted to a point of reduced support then its easy to imagine the tub partially tipping, IF you find parts that are severely rusted did they rust thru getting very THIN ? If both legs and the slots they went into were relatively free of rust and had SUPER clean cracks , (take pics ) yeah then I too would think the tenant did something to cause it. ITs possible the tenant didnt do anything out of the ordinary other than use the tub as it was intended, Take a good hard look at the tub before saying another word to the tenant about who is responsible for the repair.

 

[MIRAKALES]

Without an inspection it is difficult to determine the cause of damage. A special service call from an expert may provide some information. If it is determined that tenant is responsible… issue Notice to Cure with bill statement attachment and repaired/replaced all broken bathroom fixtures. Some tenants like to “play” in the shower and tub… broken inlayed soap dishes, shower heads, tiles, etc Tenants claim normal wear and tear may damage other items to “prove” their point.

 

[Michigander]

It still doesn't state the condition

the tub was in before the tenant moved in. Does the rest of the place have this much damage? I mean are they riding their motorcycle up the walls ? If not it is going to be pretty hard to get it pinned on them.