State Specific Question About: MAINE (ME)

A third floor tub drain break leaked and dripped shower water through bathroom ceiling into tub of first floor tenant for a period of two hours in early morning. Not major water, just dripping stream eventually ceasing. Initial source of leak misdiagnosed for first two days as same day third floor sink drain clog and dishwasher overflow,

Landlord began removal of ceiling sheetrock, temporary bath ceiling cloth cover and prep for repair on second day. Correct diagnosis of source of water and temporary early morning leak dripping stoppage after 4th day. Plumber earliest available appointment and permanent fix of leak on the 10th day.

Summary: Dripping water into tub for four mornings. Temporary ceiling cover and stoppage of all dripping water next five days at all times. Permanent plumbing leaking fix on the morning of the 10th day.

What is reasonable $ compensation to the tenant who chose not to use the shower for the entire 10 days, claiming unsafe and unsanitary conditions. Her rent is $1400.00 mo. Note that from the day after the late evening initial leak report, I entered daily to thoroughly clean the shower walls and tub of minor water discoloration.

In this case, fair compensation would be a notice to vacate.

The matter should be negotiated between the parties.

Standing behind the negotiation is the legal doctrine of "diminished value". Basically, it means that the rental property, which was worth a certain amount at the time that the rental price agreement was made, has had a lesser value during the time that some of the property was unavailable, and any court will back that up.

The amount of compensation due to the tenant for having paid for more than he received, is the difference between the value (rental price) of the property with the promised shower, and the value (rental price) of the property as it was during the period when the shower was unavailable.

We have had a similar discussion of this matter. There are some landlords who want to make their own decisions about such matters, and I suppose that they will continue to think that way until someday they may be confronted in court.

Had they used the shower I would have sent a gift card for being a good sport about it.

This tenant-- nothing-- NADA. I'm not being anyone's scapegoat. Not being abused by someone looking for that edge or looking to get one over on the dumb LL. Sorry! we tried to expedite repair but when issue isn't readily evident we did the best under the circumstances.

When we were kids on Long Island we had a bungalow that had the old hand pumper for water (out side) - there was a big tub out by the pump that was moved directly under the pump. Try that sometime.

Ally, this is a rock and a hard place situation. Reimbursement when the tenant asks, opens the doors for more situations for them to ask in the future. Demanding compensation would cause me to put the brakes on full stop.

If I felt bad over a situation that was something crazy, I may initiate compensation in the form of something other than money.

This is totally a case by case situation. How is the tenant? Impeccable? I may do something. Probably not in the situation described above, but maybe. Is the tenant a pita? If yes, then I would do nothing and hope they get upset and move.

All in all, if this tenant is hinting at or demanding reimbursement, it's already the beginning of the end. Might as well let them go.

Moshe is correct that the $1400/month rent is for use of the entire unit, including the shower. However, there are occasional interferences that do not merit compensation. I think Jeffrey's rule of thumb, 3 days, is about right for something like a bathroom (in a one bath place).

Is this a two bath place? If so, I would probably give them a $50 gift card for Olive Garden for the inconvenience.

If it is not a two bath place, I'd be looking at somewhat more compensation. Not a full rent rebate for the ten days --after all, T(s) still had use of the place -- kitchen, living room, bedrooms, toilet, ....

Full rent rebate = $467. I'd make a rebate of somewhere between $50 and $467. I'd offer $100.

Think of the poor tenant forced to endure such conditions. After that traumatic event and since you were already doing repairs, I would have redone the bathroom and installed a jacuzzi tub with rain shower as compensation. And put her up at the Hilton meanwhile.

Rob,

It sounds like your LL jumped right on this. Leaks can be tough. You fix what you think is the problem only to find you have pushed the leak into a different spot or jiggled something else loose in the process. Bathtubs flex when a person steps inside them so the leak could be fixed then loosened with body weight. The only true test is to try it and watch it a day or two, a shower or two upstairs.

This is an everyday occurrence in property management and is addressed in a proper lease.

My lease is clear: Repairs happen at any home. The time to complete the repair is the same for renters and home owners alike. It takes time for things to dry out, wait for a break in the weather, parts to be ordered, or to get on the repairperson's schedule. Quality repair people are booked up in advance with a waiting period. Waiting for repairs and the associated minor inconveniences are part of living in any house or apartment. MY state's law requires the resident allow "reasonable time" for management to complete repairs. Non-emergency repairs can take up to 30 days.

Me: people leave over simple things like a ceiling drip into their tub so I'd give the res a $25 Texas Roadhouse gift card and thank him for his cooperation. BUT the res should never expect or demand such a gift.

BRAD

I would compensate something to the tenant if this was the only bathroom. It's not just the leaky shower but 10 days of folks coming and going from their unit.

Was this the only shower available?

Was it useable and she simply chose not to use it?

I'd only reimburse if she was not permitted to use it and it was the only shower. I'd offer 1/2 of the daily rent for the days she could not use it.

I had an issue with a second bath shower that needed repairs and couldn't be used for a week. I made the tenant sign a paper giving them three choices: they got to choose if they wanted to move and we would do the repair after they left or they could have the repair done now.

They further had to agree in writing they had to cooperate with contractors doing the repair and their schedule (no interference was allowed due to their schedule etc..)