Rental House purchase with leaky shower

[bergerj]

Trying to understand my options. I recently purchased a rental house (includes RTO option) and after the tenants moved in they called me a few days after closing that the up-stairs shower is leaking onto the kitchen floor. It does look like the ceiling in the kitchen has been repaired so I expect the previous owners had knowledge about the problem (water on the floor in the kitchen and signs of mold in one of the kitchen cabinets a few days later spotted by the tenant).



We had a plumber come and look who cut a hole in the ceiling and believes the shower base is not sealed properly and it may need to be re-tiled and sealed. We did see what looks like mold on the sub-floor via the hole in the ceiling so he expects this problem has been around for some time. He did indicate the drain is fine. The house is 12 years old!



We had a Home Inspection before we closed who did meter readings including the shower - we have the pictures of the reading and he indicated in discussions that he doesn't see any major issues with the shower, but expects we will need to go to "Home Depot and by a spray to seal the walls again". I asked if he was sure there wasn't a bigger issue and that we should close on the house and he said NO....The tenant was with me at the time and the home inspector was recommended and arranged by the Real Estate Agent.



We contacted the real estate agent to get in contact with the seller and have not heard back from the sellers - it has been over a month. We had a few other contractors in and have a few different options. Some of them think we need to rip out the entire shower, but based on the home inspection and feeling the walls are firm I'm thinking we just need to deal with the sub-floor and possible mold from underneath and reseal maybe re-tile the shower floor. Also need to verify that the shower floor is sloped to the drain during a shower....



So my questions are as follows, any help would be appreciated?



What is my obligation to the renters? I want to fix the problem as I don't want to continue the issue, but at the same time, I don't think I need to rip out the entire shower? I'm thinking I'll fix the sub-floor and make sure the shower isn't leaking over a period of time before fixing the ceiling? So far the tenants have been very good about the entire experience....



What about legal action vs home inspector or previous seller? Any comments...I haven't talked with my lawyer yet, I was trying to get an understanding of how big the issue is. If it is just the sub-floor and shower floor maybe I'll just get the work done as a lesson learned...



Any suggestions or comments....?

 

[Rickson9]

[quote user=bergerj]...the home inspector was recommended and arranged by the Real Estate Agent.


That's a problem right there.



Who's side do do you think the home inspector (who was recommended by the agent) is on?

 

[housingrental]

I'm not sure if I'm reading this correctly but if it has already been over a month since shower started leaking you should take action asap - get water damaged, and surrounding areas removed and properly remediated, and offer partial refund to tenant. Take lots of photo's. Contact buying agent in writing on issue and costs and ask for their perspective. If that does not go anywhere, consult with a lawyer - I'm guessing they'll advise it is worth spending a few dollars for the lawyer to send out demand letters - and will provide ambiguity if it makes sense to litigate if there is not payment as I"m guessing there is not large $ involved.

 

[invst4profit]

Generally speaking I would agree with Adam except in regards to offering the tenant a refund. If the tenant has been generally cooperative and not making demands they will be happy to simply have the problem corrected. If you do not feel they will be expecting any refund don't offer. Fixing the problem on your dime should make them happy enough.

Don't expect any positive results regarding the previous owner or the inspector but you can always hope.

 

[housingrental]

If the tenant is paying for a washroom, and cannot use the washroom for what will be at least 5 weeks because of a maintenance issue the landlord was aware of, could have, and did not fix, partial reimbursement would be appropriate.



Greg - If you go to a restaurant, and order a five course meal, but the restaurant runs out of the dessert and only provides four courses, would it be appropriate for you to pay full price based on dessert being included? Or should the bill be discounted to reflect items ordered but not provided?



[quote user=invst4profit]Generally speaking I would agree with Adam except in regards to offering the tenant a refund. If the tenant has been generally cooperative and not making demands they will be happy to simply have the problem corrected. If you do not feel they will be expecting any refund don't offer. Fixing the problem on your dime should make them happy enough.

Don't expect any positive results regarding the previous owner or the inspector but you can always hope.

 

[bergerj]

Thanks for the advice. There is a second shower so the tenants are fine and we have been working together to sort this out.



I'll read through the home inspectors contract and see what if anything they might be liable for and have a chat with my lawyer. We have lots of pictures showing the issues about a week after the tenants moved in including a report from a plumber suggesting that shower floor needs to be redone. I was hoping to get an estimate before going to the lawyer but my issue is how bad is this...is it just the floor or does it include the shower walls?



I'm going to try and get a friend of mine who does plumbing in another area to have a look and see if they can determine the scope, maybe try and take a few tiles out of the wall if that is possible? Most of the contracts off the street just want to rip the entire shower apart but I'm not sure that is really needed....

 

[Pheenix]

If there aren't any visible cracks in the grout or tiles and there is a fair bit of water leaking then resealing will probably not be sufficient. Does water drip everytime the shower is used? Does it produce a heavy or light flow? Look for leak patterns and volume related to shower use etc.. Keep a log if necessary of the activity and the resulting drips, and the time between them.



We had an intermittent problem and finally determined that it was a leaky gasket around the control mechanism (actually the decorative surround) and it leaked only when water was directly on it - such as when rinsing down the walls during cleaning or when the hand wand was positioned to spray on that part of that wall. Even then, it had to run long enough for enough water to accumulate to run the distance, and around the corners. A quick spray across (such as when looking for the leak) was insufficient, it did not seem to leak them.



We had the kitchen ceiling open (in several spots) for ages trying to find this - we thought it was a faulty drain joint at first, then the grout around it, then isolated it as coming down the supply pipes or sometimes the wall near them, thought it was a supply pipe leak, or possibly related to the adjoining bathroom. Even used my inspection camera looking for it.



good luck.

 

[markl]

This is an issue to work through with your lawyer. As a realtor the likelihood of a response from a sellers agent and therefore a seller after a sale and sometimes just after removal of conditions can be challenging.



Getting a response when a letter is sent lawyer to lawyer is almost guaranteed. As for the leak. The sellers may have not used the shower for months and repaired the damage therefore hiding the issues. As much as we want inspectors to be able to find everything and see everything this is not possible. Sometimes there are people out there who deceitfully hide things in order to sell their properties. Sometimes these things get located sometimes they do not.



Plan of action for me would be to get it fixed and speak with your lawyer about sending a letter off and next step is small claims court.



Regards,