Need advice regarding long term renter and security deposit

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Rocky
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Need advice regarding long term renter and security deposit

Post by Rocky »

Hi Again,
I recently bought 3 apartments to rent to tourists - one of which we will also live in on and off, one apartment is up and running as a tourist rental, and one has a long term tenant who will be leaving in early February.
This tenant will have been "my" tenant for 3 months when he leaves and has probably lived there for about a year. The caretaker sent me an e-mail about a leak in the bathtub that can only be repaired by breaking some of the tiles in the bathroom. The leak was caused because the tenant is not using a guard or shield or what-have-you on the drain. There will be damage to the bathroom. Since I was not there to provide this "shield" - am I responsible - or is the tenant responsible for being "irresponsible"? (I am in Italy, the property is in the Caribbean and was transferred to me as of 1 November while I was in Italy - so everything in the apartment is as it was before I was the owner). And, if the tiles are now broken or mismatched because of the tenants irresponsibility, would you deduct from the security deposit, and how much? The bathroom was perfect before, and I'm sure they cannot find matching tiles on the (tiny) island where it is located.
In addition, the tenant has asked if he can use our third apartment to shower while this problem is being fixed - I've agreed to this but am not at all happy about it.
My main question is about the sec. deposit... what do you charge for having a bathroom with mis-matched or broken tiles?
thanks so much.
Rocky
CostaBlanca
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Post by CostaBlanca »

Rocky,

The 1st thing that I would do is check your own insurance cover. Here in Spain, full property & contents insurance will often cover for leaks and the making good afterwards.

If this shield/guard is a permanent fixture in the bath and the tenant removed it, then I guess that he should be responsible. But if it were missing altogether, then I suppose the owner should pay. I am not really sure what this shield/guard is so it is difficult to say.

Suerte,
Maria
Rocky
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Post by Rocky »

Thanks for the reply Maria,
The shield I'm talking about is the thing that blocks hair from going down - like a filter. I have no idea why it's missing or if he took it out. But it probably is a permanent fixture. I have to talk to the caretaker to understand better - but the caretaker does seem to be under the impression that it is the tenant's fault. (The caretaker is also a successful VR owner so his opinion is important to me).
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debk
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Post by debk »

Sorry, Rocky, I don't understand how a missing drain cover could cause a leak.

A clog, yes.

But how did this cause a leak??

Something doesn't make sense... and, so far, I really don't see how the tenant is at fault. What am I missing? What does your caretaker think the tenant did to cause this problem?

On the other hand, I *can* see that it would be better for the tenant to use a different shower, versus letting a leak continue in your bathroom. (In fact, it seems quite responsible of the tenant to ask, as it is an inconvenience to him. Many tenants wouldn't give a rip about the leak and the damage it would do to your apartment.)

Feeling a bit confused about all this,
debk
ps-As for whether or not you can withhold for possible damages, you'll need a lawyer who is familiar with Carribean laws to review the rental agreement as well as any other documentation signed and in place with the tenant.
Hells Bells
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Post by Hells Bells »

Just a thought, but if the drain cover was removed, the seal on the pipe may have been disturbed , causing the leak. Not a plumber, just speculating.
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Big Sis..
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Post by Big Sis.. »

Hi Rocky
I agree with the others
As you havent seen the propertysince you got it it must be hard to access what damage had been done and whether its your responsibilty or not....

As access to the problem seems only to be by damaging tiles maybe you need to look at the problem of accessibilty.
My Hubbys a Plumber and is amazed by the amount of people who make it difficult/impossible to get access to Bath pipes.,Overflows etc
Access is always needed to these places and Im sure weve all had leaks blockages etc.
So maybe this is a good time to put a removable section in when the leak/blockage is mended..
It doesnt sound to me as if your client is at fault here just the normal wear and tear of running rentals Im afraid., and yes he should have access to some other means of showering etc if you have one.....
If the tenants been there a year...[3 months with you ] and this is the only problem youve had he seems a decent enough tenant..and should be treated as such.
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debk
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Post by debk »

That's interesting, Helen. Our filters lay (unattached) on top of the actual pipe/plumbing. Easy to pick up and clean.

I thought Rocky was describing the same scenario "The leak was caused because the tenant is not using a guard or shield or what-have-you on the drain... Since I was not there to provide this "shield" - am I responsible..."

That is, it sounded to me like the permanent drainpipe is fine but some easily removable, unattached filter -- something a landlord might provide to a tenant -- was missing. Thus my confusion about how that would cause a leak, versus a clog.

But if the tenant did take up the cover on the permanent pipe, why couldn't someone replace it with a new screw and some caulk? (I still don't see how that would cause a leak requiring breaking into the tiled tub base... unless the tenant was hauling on the pipes, too, and pulled something else loose down below? Must have been quite a party!)

If I were Rocky, I'd be asking the Caretaker for some good photos of the damage.

Also, for any type of repairs on a remote property, I would always get a bid from several handypersons/plumbers, whom I contacted directly. (eg, not people working with the caretaker) We once had several remote rentals and saved many, many thousands of dollars by working with our own tradespeople versus those recommended by rental agents.
debk
Rocky
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Post by Rocky »

Hi Everyone,
Thanks for all the responses. I am as confused as all of you - dealing with a 6 hour time lapse and a Dutch (not mother tongue English) caretaker who may call a "leak" and a "clog" by the same name - he called it a leak - but also said that the tub is full of s--t... used that word... so the tenant isn't really being "responsible" by asking to shower in another apartment - he really cannot shower there.
The tenant does seem like a responsible person - I'm just trying to figure out whose fault it is that this has happened - and from your responses I realize I don't have the right-enough info to determine that. I don't even know what type of drain it is - if it is removable - or what I'm talking about (frankly). I do know that as someone mentioned - accessibility to the pipes is (obviously) a problem.
In any case, it is being dealt with there and I am thousands of miles away and, unfortunately, too busy to even worry about it. I did give the tenant access to the other apartment -of course I couldn't say no - but I'm not too happy about it really.
By now the problem is probably repaired - will let you know the outcome.
lots of good advice here - thank you.
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