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WWYD as the Landlord

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TheLucille2
Yayicanpickmyowntitle!

Member since 6/11

1058 total posts

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WWYD as the Landlord

I own a property in another state.

I received a call this morning that there was emergency leak in the unit below mine and management needed access.

I called my tenants and they were out of state and could not get back to open the door. The only other person that had the key was their dog walker--

--they did not give me the name of the person, and since it was an emergency I authorized the management company to call a locksmith and get a plumber in there.

It turns out the tenants left the toilet running with a clog and it overflowed causing a lot of water damage to the unit below. The insurance deductible is 1K which I will pay (right?).

It's in their lease they pay for the plumber who fixed the toilet overflowing (probably # 300$). BUT, is it fair of me to charge them for the locksmith too? I did have the option of a dog walker, but I couldn't rely on that given the urgency of the situation.

These tenants are very nice and patient but I have made the mistake before to "be nice" and I always get screwed.

What would you charge them for?

Posted 12/19/13 4:07 PM
 
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ave1024
I Took The Wrong Road

Member since 12/07

6153 total posts

Name:
That Led To The Wrong Tendencies

Re: WWYD as the Landlord

Posted by Elizhf34

It's in their lease they pay for the plumber who fixed the toilet overflowing (probably # 300$). BUT, is it fair of me to charge them for the locksmith too? I did have the option of a dog walker, but I couldn't rely on that given the urgency of the situation.





No because as a landlord you should always have keys and emergency access to your own rental.

Posted 12/19/13 5:31 PM
 

MrsG823
Just call me Mommy.

Member since 1/11

5570 total posts

Name:
S

WWYD as the Landlord

As a landlord you should have a key or means of access during emergencies. If you failed to ensure you had access to your rental then it is unfair to charge the tenant for your decision during an emergency. I would how ever be very upset about the toilet that was left running. I would address it with the tenants and make it clear that this is unacceptable.

Posted 12/19/13 5:48 PM
 

jams92

Member since 1/12

6105 total posts

Name:

WWYD as the Landlord

I would have them pay for the plumber but that's it
As others mentioned you should have access in case of an emergency

I will add that I currently rent in an apt and one night we notice water leaking into our bathroom from the bathroom upstairs. Our landlord couldn't get in touch with the tenants do he used his key to get in and turns out the toilet was running. The couple was in china for 2 weeks and it literally started running out of nowhere - so def talk to your tenants about it but it may not have been their fault

Posted 12/19/13 10:13 PM
 

loveus
LIF Adolescent

Member since 9/13

684 total posts

Name:

Re: WWYD as the Landlord

I agree, that as a landlord you should have access. I remember when we moved into our current apartment in a building that if we didn't want the super to have access in an emergency we would be responsible for damage and all associated costs (ie locksmith).

Posted 12/19/13 10:30 PM
 

CSK
LIF Adolescent

Member since 9/11

892 total posts

Name:

WWYD as the Landlord

the Locksmith I don't think is their responsibility, however you didn't address the damage.
the damage is their responsibility. Not the deductible, the full amount of the damage. They caused it due to negligence.

It would be different if there was no direct cause on their part, ie a running toilet without a clog. seems pretty clear that they were at fault.

I'm not an attorney, nor have a I seen your lease, so, take my advice for what its worth...

Posted 12/20/13 9:12 AM
 

KarenK122
The Journey is the Destination

Member since 5/05

4431 total posts

Name:
Karen

Re: WWYD as the Landlord

Posted by CSK

the Locksmith I don't think is their responsibility, however you didn't address the damage.
the damage is their responsibility. Not the deductible, the full amount of the damage. They caused it due to negligence.

It would be different if there was no direct cause on their part, ie a running toilet without a clog. seems pretty clear that they were at fault.

I'm not an attorney, nor have a I seen your lease, so, take my advice for what its worth...



I agree with this this. The tenants should be responsible for all and any damage due to negligence. We just had this happen with our tenant and once the pipes were snaked out we found out it was because she was flushing baby wipes down the toilet. She was responsible for the plumber and all damages.

The locksmith...you should always have some way to access your property. It was not their fault they were not available.

Posted 12/20/13 10:34 AM
 

Paramount
Sweet!

Member since 7/12

4287 total posts

Name:

WWYD as the Landlord

Locksmith, no.

Damage up to the 1K and plumber, yes.

Posted 12/20/13 11:34 AM
 

NYCGirl80
I love my kiddies!

Member since 5/11

10413 total posts

Name:

Re: WWYD as the Landlord

The management company should have had the key - and that's your responsibility if you don't live nearby. You pay for the locksmith.

Posted 12/20/13 11:58 AM
 

ave1024
I Took The Wrong Road

Member since 12/07

6153 total posts

Name:
That Led To The Wrong Tendencies

Re: WWYD as the Landlord

Posted by loveus

I agree, that as a landlord you should have access. I remember when we moved into our current apartment in a building that if we didn't want the super to have access in an emergency we would be responsible for damage and all associated costs (ie locksmith).




I would never sign a lease as a landlord that didn't give me a key to the apartment. If a tenant wants to change a lock without giving me a key, I would put them in violation of their lease.

If the tenant doesn't feel comfortable with their landlord having a key, I would tell the tenant to find another landlord.

Message edited 12/20/2013 12:02:28 PM.

Posted 12/20/13 12:01 PM
 

Irishgrl13
Fingers Crossed...

Member since 6/09

1301 total posts

Name:
Colleen

Re: WWYD as the Landlord

Posted by Paramount

Locksmith, no.

Damage up to the 1K and plumber, yes.



I would say this....

Posted 12/23/13 8:07 PM
 

sameinitials
insert creative comment here

Member since 2/12

1998 total posts

Name:

WWYD as the Landlord

Are you sure *they* left it running, and it wasn't just a plumbing problem that happened while they were out of town? I'd certainly speak with them about it, but sometimes plumbing things just happen and it isn't specifically their fault...

Posted 12/24/13 8:30 AM
 
 

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