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Should I pay rent to condo owner whose tenant decided not to stay during repairs

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jspree

Junior Member
What is the name of your state (only U.S. law)? TN

I reside in a condo that I own. My unit is on the 3rd floor. Late one night, I discovered that my hot water heater was leaking. My fiance and I turned it off, and drained it with a hose so it could no longer leak. And we could get a few hours of sleep.

About 12 hours after we discover our water heater leaking, we come to find out that it had actually leaked through the ceiling of the unit below us. Along with our maintenance man, I inspect the damages done. Where water had leaked, the sheet rock was already dry. So, being accountable for the repairs, I was relieved to see there wasn't more damage.

The owner of the damaged unit has a tenant residing in his condo, whose brother is highly allergic to mold. The owner calls in a water damage contractor to give an estimate on repairs. The tenant told contractor that her brother is highly allergic to mold, and she might be too. She asks if she should stay there. The contractor suggests that she shouldn't stay there until damages are repaired. And she doesn't stay there. The owner then tells me he wants repairs done asap, because he's not going to charge the tenant rent for the time she doesn't stay there.

Two days later, I get my contractor to start making repairs on the condo. I wanted to make repairs in a timely manner as well. Now I know I didn't see any mold when I first inspected water damage (mold doesn't grow overnight). And when the contractor cut out some of the sheet rock (per owner's request), none of it had mold on it.

Repairs have concluded (which I paid for), and the day after the tenant moves back in, the owner is asking me to pay for the week's worth of rent that he's deducting from his tenant. This is the first time he's mentioned that he wants me to pay the rent. The condo was not 'uninhabitable.' The only thing tenant couldn't do was cook because of contractor's tools/equipment taking up the space. Long story short... am I legally bound to pay the owner this money? This was an agreement between owner & tenant... not me.
 


tmeyer32

Junior Member
Hmmmm...

Well It seems that if everything was already done and this issue of you paying for the weeks worth aroused after all the repairs then you would not be liable... the owner along with the tenant should have spoke to you about that during the discussion of whether or not your going to pay for the repairs. this is something that has been brought to your attention too late. the both of them had ample amount of time to approach you about that issue in fact, especially the owner. you have signed no agreements of paying that portion of the rent... The only agreement made was a verbal one which stated that you were responsible for repairing the damages and removing mold so tenants or whomever lives there with an allergy to the mold is not at risk; you stuck to your part of the agreement.


Disclaimer
I am not a lawyer... Yet

I am a law student...

listed above is my educated view on what it seems is fair in this situation. Not Advice that I am advising you follow.
 

FarmerJ

Senior Member
If it was me I would offer the owner 100.00. the unit owner below you had other choices one was to have your contractor remove tools daily and tell the tenant that this leak didnt go unchecked for months so they would have to wait and see before vacating. If the owner didnt make that part of the deal known to you up front then its not very fair to attempt to add that on after.
 

jspree

Junior Member
The water damage contractor never showed me a piece of paper indicating mold was found, nor did he show me documented evidence of the sort. I believe the water damage "specialist" was trying to preach doom & gloom in hopes of getting the job. Why else would he tell the tenant to not stay there until repairs were done?

I honestly feel like I should not be held accountable for the $125 the owner is asking me to pay. I fulfilled my legal obligation of fixing the problem, right? I was never told that the condo was deemed "uninhabitable," or anything along those same lines.
 

Searchertwin

Senior Member
The water damage contractor never showed me a piece of paper indicating mold was found, nor did he show me documented evidence of the sort. I believe the water damage "specialist" was trying to preach doom & gloom in hopes of getting the job. Why else would he tell the tenant to not stay there until repairs were done?

I honestly feel like I should not be held accountable for the $125 the owner is asking me to pay. I fulfilled my legal obligation of fixing the problem, right? I was never told that the condo was deemed "uninhabitable," or anything along those same lines.
You are not liable to pay any amount. The repairs, yes. The matter is between ll and the other tenant. The place was not uninhabitable. They could have still lived in there. They are using "mold" for reason to vacate for a few days. That is THEIR choice and LL. If mold is brought up again, tell them mold is everywhere and when they step outside they breath mold in. I would not even offer 1 penny.
 

jspree

Junior Member
Thank you, thank you searchertwin! That is exactly what I, myself, thought. This whole building has mold in the walls. It's 40 years old, for goodness sake! You have reassured me, and I greatly appreciate it.
 

Who's Liable?

Senior Member
You are not liable to pay any amount. The repairs, yes. The matter is between ll and the other tenant. The place was not uninhabitable. They could have still lived in there. They are using "mold" for reason to vacate for a few days. That is THEIR choice and LL. If mold is brought up again, tell them mold is everywhere and when they step outside they breath mold in. I would not even offer 1 penny.
X2...

This is between the LL and their tenant. If the LL wants to pursue the OP for the cost, that would be a completely separate matter.
 

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