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tenant flooded house

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limpyL

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

The day after my tenants moved in the flooded the upstairs. They know they were wrong for doing it and know they have to pay for the repairs. When the flood happened i had a cleaning crew come out and clean the damage up. At first glance everything looked to be OK once i did the final inspection i noticed that the vinyl was coming up about 4-5 ft total. 3 days later I had my floor guy come out to fix the vinyl that came up due to the water damage. While looking at that they noticed that the hardwood floor where the flood happened was completely warped and appears to have mold under the wood. During the final inspection i did tell him that the floor was a concern of mine but i would have to get someone out to look at it.

I called a different company out and they to confirmed that the damage was there. They told me the repair cost of this would be around 5-6k mark.

So far with the total damage to the house my cost to repair this is about 7k. My question is would i have to take this up with the courts or is there a site that i can research this on about how to get the money back? also from what i have stated is there any place i was wrong and would not have a leg to stand on?
 


BL

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

The day after my tenants moved in the flooded the upstairs. They know they were wrong for doing it and know they have to pay for the repairs. When the flood happened i had a cleaning crew come out and clean the damage up. At first glance everything looked to be OK once i did the final inspection i noticed that the vinyl was coming up about 4-5 ft total. 3 days later I had my floor guy come out to fix the vinyl that came up due to the water damage. While looking at that they noticed that the hardwood floor where the flood happened was completely warped and appears to have mold under the wood. During the final inspection i did tell him that the floor was a concern of mine but i would have to get someone out to look at it.

I called a different company out and they to confirmed that the damage was there. They told me the repair cost of this would be around 5-6k mark.

So far with the total damage to the house my cost to repair this is about 7k. My question is would i have to take this up with the courts or is there a site that i can research this on about how to get the money back? also from what i have stated is there any place i was wrong and would not have a leg to stand on?
Generally if the tenants do damage they are responsible for the cost of repair .

Have you talked to your home owner's insurance to see if it all would be covered .

If so and there is a deductible ,that is what you'd charge the tenants ,either them paying , small claims , or sec. deposit deduction when they move out .
 

atomizer

Senior Member
You can sue the tenants but I seriously doubt they will payup. Most of the time they will say that they take full responsibility, but the unsaid part is as long as they are not required to pay. You need to contact your insurance company. Hopefully you are covered and they will go after the tenant.
 

xylene

Senior Member
They know? What does that mean?

The day after my tenants moved in the flooded the upstairs. They know they were wrong for doing it and know they have to pay for the repairs.
You aren't a court, and someone feeling guilty about a disaster doesn't mean liability.

Did they sign anything say they are liable?

Why don't you tell us what happened, the details of the flooding and we can advise you about the liabilities.
 

limpyL

Member
they went to replace the water filter in the fridge. They purchased the wrong one and it did not seal correctly. Because of that it leaked water over night and caused the damage.

I did not go through the insurance company. they did tell me during the final inspection that they would pay for the repairs but at the time neither of us know the extent of the water damage
 
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atomizer

Senior Member
You aren't a court, and someone feeling guilty about a disaster doesn't mean liability.

Did they sign anything say they are liable?

Why don't you tell us what happened, the details of the flooding and we can advise you about the liabilities.
That may be, but gis tenants admitted to causing the damage.
 

divona2000

Senior Member
...When the flood happened i had a cleaning crew come out and clean the damage up... once i did the final inspection i noticed that the vinyl was coming up about 4-5 ft total. 3 days later I had my floor guy come out to fix the vinyl...they noticed that the hardwood floor where the flood happened was completely warped and appears to have mold under the wood...
Would OP hold any percentage of fault for waiting 3 days after surface water cleanup, allowing the water to soak into the wood floor underneath for that long?
Would LL have a responsibility to remove the vinyl and dry the wood floor before further damage occurred?
 

sandyclaus

Senior Member
they went to replace the water filter in the fridge. They purchased the wrong one and it did not seal correctly. Because of that it leaked water over night and caused the damage.

I did not go through the insurance company. they did tell me during the final inspection that they would pay for the repairs but at the time neither of us know the extent of the water damage
The tenant's words have as much value as the paper they are written on. You have only their word that they are taking any responsibility for the cause and result of these damages.

I believe you'll be quite surprised and shocked to hear that they will make a complete 180 once they realize the EXTENT of those damages and the cost to repair. I know I sure might, especially if it was a difference between a few hundred dollars and $5-6 thousand. I'd want to make DAMN SURE that the LL wasn't taking me for a ride and trying to make me pay for damages that I didn't cause or improvements to the property on my dime.

That, and the fact still stands, their words are not money in the bank. Collecting for those damages is another thing entirely, whether they voluntarily pay or you have to take them to court and get a judgment to cover the amount.
 

limpyL

Member
Once I heard of the flood I called servpro and they came out ASAP to clean it up. As far as the repair of the floors i called in two different companies to come and qoute me. does that count for anything?


does it make a differance if my wife was there hearing them say they were at fault?
 

atomizer

Senior Member
Don't worry about it. It was their frig and his acts that did damage. You also can get an affidavit from cleanup co regarding cause of damage.
 

BL

Senior Member
Just what kind of sub flooring was/is this ?

When was this home built ?

I as a tenant would also be concerned for being held liable for 5-6 K in damages .

By your post the initial observation showed nothing .

Then you noticed .

Then the second Co. " looked " and noticed the under floor .

Were these tiles actually loose to be able to lift and see warping ?

If I were to walk on the flooring and the sub floor was/is warped that bad ,I'd be able to feel it .

Perhaps it can be re-nailed down .

Also the clean up crew should have done a better job at airing the floor using fans for a few days or what ever .
 

atomizer

Senior Member
This is a non issue because tenant will not pay whether it be 500 or 5000. Tenant will eventually inquire as to why the insurance company has not taken care of the cost.
 

Zigner

Senior Member, Non-Attorney
This is a non issue because tenant will not pay whether it be 500 or 5000. Tenant will eventually inquire as to why the insurance company has not taken care of the cost.
Good thing this LL got a security deposit, huh?
 

BL

Senior Member
This is a non issue because tenant will not pay whether it be 500 or 5000. Tenant will eventually inquire as to why the insurance company has not taken care of the cost.
Can't make up your mind ?

Don't worry about it ,tenant caused the damage ,then bring up ins. .
 

limpyL

Member
Just what kind of sub flooring was/is this ?

When was this home built ?

I as a tenant would also be concerned for being held liable for 5-6 K in damages .

By your post the initial observation showed nothing .

Then you noticed .

Then the second Co. " looked " and noticed the under floor .

Were these tiles actually loose to be able to lift and see warping ?

If I were to walk on the flooring and the sub floor was/is warped that bad ,I'd be able to feel it .

Perhaps it can be re-nailed down .

Also the clean up crew should have done a better job at airing the floor using fans for a few days or what ever .
1. 2001 not sure of the subfloor. i heard the floor guys call it something but i was not able to catch it,

2. At first glance when it happened it looked ok. When i did the final inspection it felt loose and i stated that i will have to get a professional out to look at it. The vinyl in the next room was 50% loose and up due to water damage. When the 2 companies came out they spotted the water damage from 20ft out or so. I told both that the fridge caused it and both marked out the same repair area.

3. the wood floors look fine from a distance of 10ft or so but when you get up to it you can see it arching up and when you feel it you can feel the waves in the wood.

4. servpro states they are only responsible for what they can see with the naked eye. If they have to tear a wall back than they can see more they did not do it when this happened.

Side note my tenant is in the navy would that make it any easier to get the money to fix it? should i get his chain of command involved if he will not pay?
 

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