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Old 02-19-2016, 04:18 PM
 
7 posts, read 32,045 times
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We recently noticed a water stain on the linoleum next to the shower and alerted our landlords immediately. The landlords called a plumber who blamed on a damaged 2" flap of rubber that is supposed to prevent water from bouncing out of the shower off of the floor. There is also a 2" crack in the silicone where the shower meets the floor.

Our landlords, we found, have the philosophy that unless we can prove there's a broken pipe (or equivalent), it's our responsibility. They are asking us to pay to fix the subfloor and install new linoleum.

I have gladly paid for things that I know we're responsible (a broken window, a light that I bumped and it fell), but I've never been asked to pay for anything like this in 11 years of renting. I also know that our current landlords are extreme tightwads and have lied on occasion to their handyman that's worked on our house. I don't want to be intimidated into paying something we don't owe.

Can anyone tell me if a renter is responsible for this type of thing? The feedback I've been getting from family and friends so far (renter and landlord alike) is that hands-down it's the landlords responsibility, but they are family and friends =) I'd like to hear from un-biased landlords or renters that have experienced something similar. Thank you!
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Old 02-19-2016, 05:24 PM
 
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How long did you live at this specific rental?
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Old 02-19-2016, 05:56 PM
 
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We've been here 1 year and 4 months. Previous to that we owned for 4 years. Previous to that was our ~10 other years of renting.
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Old 02-19-2016, 06:05 PM
 
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Also, there's rot under there and the stain on the linoleum was bigger than the wet spot underneath. The stain is faint and it may be that was always there, but we didn't notice it until recently. It very well could have been there when we started renting, but I can't prove it. My wife and I were talking and we didn't even do a walk-thru when we moved in, so I'm not looking forward to moving out.
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Old 02-19-2016, 08:24 PM
 
12,016 posts, read 12,622,573 times
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Quote:
Originally Posted by redheaddad View Post
Also, there's rot under there and the stain on the linoleum was bigger than the wet spot underneath. The stain is faint and it may be that was always there, but we didn't notice it until recently. It very well could have been there when we started renting, but I can't prove it. My wife and I were talking and we didn't even do a walk-thru when we moved in, so I'm not looking forward to moving out.
I wouldn't pay it, He has to prove that you caused the damage and have pictures of the condition when you moved in. the LL sounds like one of those lowlifes who thinks the security deposit it a gift.

I would not pay, move out, and after 30 days when he hasn't returned the difference or given you a bill of what he has deducted you should be entitled to the whole amount back.
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Old 02-19-2016, 08:42 PM
 
Location: Silicon Valley
18,812 posts, read 32,248,860 times
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I also wouldn't pay it. If he starts talking about kicking you out or sending it to collections, etc., I'd tell him I'll just file a small claims court action and let the judge decide then.

I can't imagine him winning. He'd have to prove you caused the damage by doing something destructive or you noticed the problem and let it slide (negligence). I can't imagine the shower seals crumbling apart during your 1 year stay. They must have been in bad shape when you moved in. That's what I'd argue anyway.

Hopefully, you have an email or text of letting the LL know about the spot on the floor? If not, write everything down now, while it's fresh in your mind. When you noticed the spot, when you called the landlord, when the landlord came to look at it, what the landlord said. And in future, try to get the communications in writing. Emails are great. People don't think about emails as being official written communications that can be used in court - but they sure can.

You can stay perfectly calm and matter-of-fact. Just keep saying that you disagree that you caused the damage or are responsible for paying for it, so it might be best to have a judge mediate.
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Old 02-19-2016, 09:32 PM
 
Location: Riverside Ca
22,146 posts, read 33,197,505 times
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Quote:
Originally Posted by redheaddad View Post
We recently noticed a water stain on the linoleum next to the shower and alerted our landlords immediately. The landlords called a plumber who blamed on a damaged 2" flap of rubber that is supposed to prevent water from bouncing out of the shower off of the floor. There is also a 2" crack in the silicone where the shower meets the floor.

Our landlords, we found, have the philosophy that unless we can prove there's a broken pipe (or equivalent), it's our responsibility. They are asking us to pay to fix the subfloor and install new linoleum.

I have gladly paid for things that I know we're responsible (a broken window, a light that I bumped and it fell), but I've never been asked to pay for anything like this in 11 years of renting. I also know that our current landlords are extreme tightwads and have lied on occasion to their handyman that's worked on our house. I don't want to be intimidated into paying something we don't owe.

Can anyone tell me if a renter is responsible for this type of thing? The feedback I've been getting from family and friends so far (renter and landlord alike) is that hands-down it's the landlords responsibility, but they are family and friends =) I'd like to hear from un-biased landlords or renters that have experienced something similar. Thank you!


No you shouldn't pay. It's not your fault that the toilet leaked. Unless you caused the leak by loosening the bolts or damaging the tank in some way. The damaged rubber flap and missing silicone seal is not your problem. Your LL is a idiot if he remotely thinks you should be paying for it.
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Old 02-19-2016, 09:45 PM
 
7 posts, read 32,045 times
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I appreciate the feedback.

One other little detail... I had noticed the break in caulking seal, but I'd seen that kind of thing in places I rented before. Anyway, during our correspondence, I said it had been there when we moved in. I don't actually remember that, but thought I did in my frustration then. Anyway, it's in writing that I was aware of the break in the caulking. Is that something that I'm at fault for not reporting?
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Old 02-19-2016, 11:46 PM
 
Location: Silicon Valley
18,812 posts, read 32,248,860 times
Reputation: 38559
Quote:
Originally Posted by redheaddad View Post
I appreciate the feedback.

One other little detail... I had noticed the break in caulking seal, but I'd seen that kind of thing in places I rented before. Anyway, during our correspondence, I said it had been there when we moved in. I don't actually remember that, but thought I did in my frustration then. Anyway, it's in writing that I was aware of the break in the caulking. Is that something that I'm at fault for not reporting?
That just means that you didn't cause it if it was like that when you moved in. And unless you saw water pouring out of it that you failed to mop up or saw that it was damaging things and failed to do anything about it, you're off the hook, in my opinion.

It also means the LL should have seen it and known about it and failed to fix it - before you moved in. And if the leak went under the linoleum without you noticing water that had to be mopped up, it's all due to the LL's negligence in providing you with a shower with a faulty seal when you moved in.

At any rate, it shows you did not cause the damage to the seals. And as long as you didn't ignore an obvious leak that was obviously causing damage, I don't see how you can be responsible.
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Old 02-20-2016, 01:36 AM
 
Location: Phoenix, AZ area
3,365 posts, read 5,180,620 times
Reputation: 4203
Quote:
Originally Posted by Electrician4you View Post
No you shouldn't pay. It's not your fault that the toilet leaked. Unless you caused the leak by loosening the bolts or damaging the tank in some way. The damaged rubber flap and missing silicone seal is not your problem. Your LL is a idiot if he remotely thinks you should be paying for it.
Talking about a shower not a toilet.

Quote:
Originally Posted by redheaddad View Post
I appreciate the feedback.

One other little detail... I had noticed the break in caulking seal, but I'd seen that kind of thing in places I rented before. Anyway, during our correspondence, I said it had been there when we moved in. I don't actually remember that, but thought I did in my frustration then. Anyway, it's in writing that I was aware of the break in the caulking. Is that something that I'm at fault for not reporting?
Your landlord potentially has a case for neglect now. You noticed an issue 14 months ago and now there is damage from water leaking outside the shower. Not only that but you apparently let water sit on the bathroom floor so it could seep into the subfloor, it isn't going to soak in immediately wood takes time to soak liquid up.

Should you be charged? Depends on what the situation actually is. Vinyl flooring should also have been caulked in to prevent water from getting in between it and any walls, any chance you can post a picture of the area? Does your landlord have a reasonable neglect claim? Maybe. Really though only a lawyer can answer those questions.
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