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Property damage in Ontario

barb

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Tenant put a load of laundry in washing machine and left building. When she arrived home several hours later, the washer had continued filling with water flooding the basement. The laminate flooring will have to be replaced due to water damage. My question is, who is responsible for the cost? The tribunal was absolutely no help. Thanks.
 

thejules

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I would still proceed with an N5 for damage. The Landlord & Tenant Board could mediate a settlement between you two. However, is the tenant willing to pay for the damages?
 

invst4profit

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Was it your machine that caused the problem or the tenants?
What is the cost to replace?
Is it a good tenant?
Is it worth losing this tenant over?
What would be the cost to replace the floor with a more appropriate sheet vinyl?
Are they or a friend handy and willing to assist in the replacement?

Not answers to your question but possibly relevant questions.
 

barb

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QUOTE (thejules @ Jan 21 2009, 02:31 PM) I would still proceed with an N5 for damage. The Landlord & Tenant Board could mediate a settlement between you two. However, is the tenant willing to pay for the damages?

Thanks for responding. The tenant has indicated that I am totally responsible because the property is a rental and the machine is not hers.
 

barb

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QUOTE (invst4profit @ Jan 21 2009, 02:42 PM) Was it your machine that caused the problem or the tenants?
What is the cost to replace?
Is it a good tenant?
Is it worth losing this tenant over?
What would be the cost to replace the floor with a more appropriate sheet vinyl?
Are they or a friend handy and willing to assist in the replacement?

Not answers to your question but possibly relevant questions.

Thank you for responding. The machine is mine, 1 1/2 yrs old. The cost to replace the flooring and baseboard will be approximately $1000. The tenants lease in up in several months. She is in the initial stages of purchasing a property for herself, so she will be moving out within the next 3-6 months. They are not willing to assist.
 

invst4profit

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Under the circumstances I would not be optimistic about receiving anything from the board.
Realistically there should be no expectation on the part of the tenant to stand beside a 11/2 year old machine to insure it does not overflow and it is customary to leave machines unattended when doing laundry. That may be how the board would see this as it was not intentional damage.

Have you contacted your insurance company or is your deductible too high.

Short of insurance coverage you have to probably write this off as one of the expenses of landlording and maybe try to find a less expensive route to replace the damaged areas.

Sheet vinyl, molding and paint is a simple DIY project probably costing $200 or less depending on the area.
 

jackie

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QUOTE (barb @ Jan 21 2009, 09:44 AM) Tenant put a load of laundry in washing machine and left building. When she arrived home several hours later, the washer had continued filling with water flooding the basement. The laminate flooring will have to be replaced due to water damage. My question is, who is responsible for the cost? The tribunal was absolutely no help. Thanks.

If the estimated repair costs are significantly higher than your insurance deductable, I`d call your insurance company to see if it`s covered. I think you`ll have a hard time getting $ from the tenant for it, regardless of whether it was operator error or not.
 
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