flood damage

[Kim780]

Hi.



I had a call from a rent-to-own tenant last night saying there was water coming in the basement. We checked it out and found that the extension on the downspout was completely plugged with leaves and mud. This was allowing all the rain that we've had to dump directly beside the house where the downspout comes down. This seems to be the source of the water.



There was quite a lot of water in the basement - about 1/2 on cement floors, but it ran and seeped through about 70% of the carpet in the family room. We helped with clean-up, and left the tenants to continue sopping up the water that was still coming in. They were using a carpet cleaner to get as much water out of the carpet as possible.



I am wondering if I am responsible for clean-up costs and possibly replacing the carpets? As a rent-to-own tenant, she is responsible for yard and house maintenance and she neglected to remove the debris from the downspout extension. The house has not had previous water damage.



She is an excellent tenant, and I have every intention of living up to my obligation as a rent-to-own landlord. Just a little fuzzy on where my responsibilities lie.



Thanks in advance for any help you can give me on this!



Kim LaChappelle

 

[Thomas Beyer]

Legally grey .. You're the owner but she didn't do her part. Why not agree to split costs 50/50 before a win/win situation turns sour ! Or you pay it and her purchase price goes up by 50% or more ! Be creative and find a win/win solution !

 

[JunZhang]

Hi, Kim,



If on your agreement, house maintenance is tenant's responsibility, then it's 100% her fault legally speaking. Gutter cleaning is the most basic house maintenance, along with cleaning the dryer vent, replacing batteries in smoke alarms and replacing furnace filters. If you decide to split the cost this time, you may want to consider paying half of her personal property when the house caught on fire because dryer vent was so clogged up that the dryer went up in flames. It happens more often than you think. So maybe you want to be firm on where to draw the line.



One thing may worth consider, when you bought the house, are there too many big trees too close to the roof due to neglect by previous owner. If that's the case, you may need to chop down or trim the trees to prevent trees dropping leaves on roof in the future, and share the cost of basement repair.

 

[markl]

Kim,



What are the tenants expectations around what you need to do? Do they have renters insurance?



How much damage was done? What are the estimated repair costs?



Once you have all the information the best thing to do is sit down with your tenant and work through a win/win solution for all parties.



But please get the information first.



Also I would walk through what we think is a general repair and maintenance item but a new home owner would not know.



That includes cleaning the eaves trough caulking any gaps ensuring grading is flowing away from the house.



These are little things that can cause a fair bit of damage.



Regards,

 

[kir]

The 1/2 inch is quite a bit. Could there be cracks in the concrete? I would determine the source of the leak to avoid future issues.



Kir.

 

[Kim780]

Thanks to all for the advice/options!



We have deemed the problem as seepage due to an unusual amount of rain and improper drainage (ie. the plugged downspout extension). Through many inquiries and lots of research, I have found that most houses, after a period of time, have hairline fractures in the foundation, and that these are not considered defects until they reach a certain width, where they are considered "cracks". They will, however, allow water to seep into the basement if there is not proper drainage.



As the only permanent damage was the carpeting in the family room, and it can be replaced for under $500, it is my tenant's responsibility as per our contract. I have agreed to purchase the carpet and she will repay me with monthly installments.



It may be time to refresh my contracts to reflect Mark's a little more, where the tenants in my rent-to-own properties are responsible for all repairs! Also should implement the New Homeowner's Manual I have that I "haven't had time" to refine for my own needs!! A little time spent will, no doubt, save me money and headache in the future.



Thanks again.



Kim LaChappelle

 

[housingrental]

Hmm from reading this I have a question for RTO experts - what happens when tenants are responsible for repairs and do not undertake them? Wouldn't many owners be left with potentially huge liabillity?



Ie



RTO tenant does not repair property as needed



RTO tenant does not purchase property



RTO leaves to USA etc..



Owner has possession of property that might have had water damage not dealt with for X years and $80K in repairs needed vs $2K i originally dealt with and owner has no recourse as tenant AWOL = no litigation possible?