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Water leak in the house... Is it tenant's responsibility to repair it?

This is a discussion on Water leak in the house... Is it tenant's responsibility to repair it? within the Landlord vs Tenant Issues forum, part of the REAL ESTATE & PROPERTY LAW category; Our tenants have been living in this house for 18 months and are now reporting leak in the bathroom above ...

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Old Apr 8th, 2013, 12:44 PM   #1
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Default Water leak in the house... Is it tenant's responsibility to repair it?

Our tenants have been living in this house for 18 months and are now reporting leak in the bathroom above causing some damage to the roof. Is it tenant's responsibility to repair the leak and damage caused by it. They are required by contract to keep premises in good condition.
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Old Apr 8th, 2013, 01:26 PM   #2
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Default re: Water leak in the house... Is it tenant's responsibility to repair it?

No, they are not responsible for repairing your property except damage they did like holes in walls, etc.

If the heat goes out, it's on you. If the plumbing springs a leak, it's on you.

Being a ll is rarely a money making venture.
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Old Apr 8th, 2013, 02:21 PM   #3
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Default re: Water leak in the house... Is it tenant's responsibility to repair it?

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Our tenants have been living in this house for 18 months and are now reporting leak in the bathroom above causing some damage to the roof. Is it tenant's repsonsibility to repair the leak and damage caused by it. They are required by contract to keep premises in good condition.
Your tenant is required to keep the premises in good condition. That means keeping the place clean and sanitary, but that does NOT require them to do your repairs and maintenance for you.

If there is a leak in the plumbing or roof, it is YOUR job to repair and maintain that, It is YOUR property and YOUR duty as a LL to provide a safe and habitable rental unit and to keep everything in good WORKING condition.

Stop trying to figure out a way to make your tenants do your dirty work. Repair your property NOW before your tenants have a building inspector come in and cite you for failing to maintain your premises.
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Old Apr 8th, 2013, 04:44 PM   #4
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Default Re: Water leak in the house... Is it tenant's responsibility to repair it?

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Our tenants have been living in this house for 18 months and are now reporting leak in the bathroom above causing some damage to the roof. Is it tenant's responsibility to repair the leak and damage caused by it. They are required by contract to keep premises in good condition.
No. It is the owner's responsibility to maintain the property and its systems. In all likelihood it is the leak in the roof that is causing the damage in the bathroom and not the other way around.

Keeping in good condition does mean doing major repairs. From your post you probably have a roof repair if not replacing the entire roof.
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Old Apr 9th, 2013, 06:14 AM   #5
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Default Re: Water leak in the house... Is it tenant's responsibility to repair it?

A landlord is obligated to keep the housing unit in livable condition. You cannot hold a tenant liable for a water leak in your house. However, tenant is always responsible if the problem was caused by the negligence of the tenant. They lose some rights if the leak was caused by their negligence or misuse. Further, if you have insurance then you may not have to pay for the repairs also. Finally it all depends on your lease. So, contact an attorney to study the lease properly to determine if the tenant is responsible for the above mentioned repairs and maintenance.
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Old Apr 14th, 2013, 09:19 AM   #6
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If you stay in an old trailer your family is to rent to you, and you had to make it liveable to move in, who is responsible for repairs. We pay for the electric bill but we stopped paying rent because we had to replace the water pump and all the blinds are broken still rat nest in cabinets. There has been a leak in our bathroom for 4 months now. We have a shower curtain on floor to walk on it. A lot more stuff too. We have no lease agreement. We stopped paying rent cause we can't afford both. Now the hot water heater is broke. Help who is responsible and what can I do?
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Old Apr 14th, 2013, 09:28 AM   #7
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Default Re: Water leak in the house... Is it tenant's responsibility to repair it?

If you have no lease, move. You are on a month to month tenancy.
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Old Apr 14th, 2013, 10:10 AM   #8
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If you have no lease, move. You are on a month to month tenancy.
Can't afford to move! They were letting us rent from them to help us out. They didn't tell us about how really bad this place was. My boyfriend says we have to pay for all repairs because we pay no rent, I disagree. Its his family and I think he is afraid to talk to them. Just want to know my legal rights. Can't find anything on this. You would think family would at least care some, but its getting way to expensive, not to mention unsafe.
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Old Apr 14th, 2013, 02:21 PM   #9
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Default Re: Water leak in the house... Is it tenant's responsibility to repair it?

Technically the family should be addressing these repair issues. However, you two should also be paying rent or face eviction.

Your legal rights are to have landlord address needed repairs. Their legals rights are to begin the process of evicting you for nonpayment of rent.

See where you're at here?

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