# Landlord/tenant - who's liable?? Help!



## MonicaS (Aug 3, 2012)

Hi there,

I started renting a condo from a property investment company on July 1st this year. A couple of days ago, while in the shower I heard a crack as I took a step. There was a visible crack, and like a good tenant would, I reported this to my landlord immediately. They got back to me stating that I would have to pay for a brand new bathtub, as this is my fault, as this crack was never found in any previous inspections. They repeatedly are telling me that "this will not be cheap" and are telling me to start a case with my condo insurance provider. 

Is this right? I moved in just 1 month ago. How is it that a bathtub can just crack from stepping on it?? (let me add that I am average size - 120lbs). Am I really 100% liable for this, and will my insurance cover it?

Thanks for any responses.


----------



## explorer416 (Jun 11, 2010)

Hi Monica,

Unbelievably, this actually happened in my condo too! I posted about it two years ago: 
http://canadianmoneyforum.com/showt...ble-for-cost-of-fixing-leaking-tub-in-a-condo

There are some good tips posted by others in that thread.

I was the landlord in my story. The cost for this ended up coming out of my pocket. I remember being pretty disappointed that my insurance didn't cover this; they would have only covered the cost of the water damage to the units below mine, but that was just a small percentage of the overall cost, and my premiums would have gone up if a claim was actually filed, so I didn't bother claiming this.

I didn't go after my tenants because I honestly did not believe that they explicitly did anything to cause the sitaution. The tenants were greatly inconvenienced during the time it took to do the repairs (they ended up going downstairs and showering in the pool area every day) and tried to get a "refund" of the rent back from me. I did not give them this. This was just an unfortunate incident. They notified me of a problem with the unit, and I had it fixed as quickly as I could.

In my opinion, you should not have to pay for this situation. Of course, you are dealing with a property investment company, and not directly with a private landlord like I am, so they may put up a stronger fight than I did.

Best of luck!


----------



## sharbit (Apr 26, 2012)

You the tenant are not responsible for the damage so long as it wasn't caused by some form of neglegence that they can prove (and it's their job to prove this).

An example; if you damage it with an improper cleaner you'll be buying a tub. If it breaks from normal usage they would be buying a tub.

An important thing to keep in mind, dispite your dispute with the landloard, keep paying rent on time.


----------



## Berubeland (Sep 6, 2009)

Generally baths are not something that break due to regular use. That's why the company would like you to pay to replace it. On the other hand it's not really something people abuse either. 

Short of taking a hammer to the side of it or scratching it up with cleanser, baths are pretty trouble free. 

My advise to you is the find the person with the power to say yes. The person informing you that you have to pay is not that person...


----------



## kcowan (Jul 1, 2010)

Also, if the tub is cracked in the bottom, it is probably from inadequate support when it was installed. Depending on where you live, you may have to go to a government agency. This will just give you leverage over the landlord.


----------



## Chris L (Nov 16, 2011)

Unless they can prove that the damage was caused by something other than normal wear and tear, then it's their responsibility. If you used the tub for anything other than a normal person would use it, then it's not "your fault" and therefore not your responsibility to pay for it.

The company is operating on the premise that a cracked tub MUST have been the result of using the tub for something it was not designed to withstand.

The likely cause, in my opinion, is an improper installation. If it's a new tub (under 2-3 years old), then it very likely failed because it wasn't put in right or the tub itself was defective.

Unless, of course, you're not telling the whole story


----------



## MonicaS (Aug 3, 2012)

*Thanks for all the replies..*

I've spoken to a couple different people in the company. At first they were saying that because the crack was not there when I move in, it is my responsibility to pay for it. The last person I spoke to hinted that we may be able to split the cost, which still isn't satisfactory for me.

There's a repair man coming in today so hopefully he can tell me the cause of the crack...

I'm extremely frustrated that I'm expected to cover these costs.. Any further advice about what to say to my landlord would be greatly appreciated.


----------



## Freedom25 (Dec 3, 2011)

The property management company sounds kind of scummy. Unless you broke the tub from some sort of abuse, it's definitely not your responsibility to repair or replace it, and they know that. They're hoping you're naive enough to not know that, so that they can use your insurance and not theirs to pay for it. Just dig in and refuse to pay, it's not your responsibility and tell them that.


----------



## Berubeland (Sep 6, 2009)

Go to your community legal clinic - they will help. Trying to get you to pay if it's not your fault is harassment.


----------



## TPC (Aug 12, 2012)

*How old is the unit?*

How old is the building? If the building is new, the damage could be covered under Tarion, which would make it the builders responsibility to repair.


----------



## crazed (Oct 22, 2012)

Can't offer too much input here other than I had the floor of my shower crack in an apartment several years back. The landlord paid to fix it, and never even so much as disputed it with me. In that case the damage was the result of him having installed it improperly (not enough support underneath). If I were you I'd be fighting this all the way, there is no reason for you to pay for this as it is definitely their responsibility unless you broke it while juggling bowling balls in the shower.


----------



## mrcheap (Apr 4, 2009)

As everyone else is saying, this definitely doesn't sound like your fault / responsibility. As a former landlord, I would have paid for the repairs (and apologized to the tenants for any inconvenience) if this had happened. Are they telling you that you need to pay the repair people yourself or that they'll pay then pass the bill on to you? As Rachelle suggests, I'd try to move up the ranks and talk to supervisors (go as high as you can), and tell them that you'll have to involve legal aid or whatever your local version of the Landlord and Tenant Board is if they refuse to pay / make you pay for it / refuse to make repairs.

As has been suggested, keep paying your rent. A dispute with the landlord isn't justification to withhold rent.


----------



## tobuyornottobuy (Nov 19, 2011)

Lots of good advice ha already been offered but I would just like to add that as a landlord when I had just paid for a brand new bathroom reno my tenant dropped his hair-product and cracked the sink and I paid for the repair, he offered to pay. I know many landlords wouldn't agree but I see these things as A) life B) tax deductable and C)more likely to keep my amazing tenants in place.
I think they should pay for the bath.
Now the cigarette burn in my bathtub....that's another story!


----------



## Berubeland (Sep 6, 2009)

Is it just me who thinks that bathroom sinks and tubs that cannot handle something dropping on them ar very badly designed for a rental property? And life in general. 

Just like the damn front loader Haier washer/dryer that cost a fortune, takes overnight to dry a load, and does not have a method of dealing with change and other various pocket stuff. The owner paid $500 to change the pump because of a bobby pin. The filter also is exactly the right size to hold a loonie or toonie right over the pump intake. Yes, people should empty their pockets but appliance manufacturers should design their machines to prevent machine failure cause by items commonly found people's pockets.


----------

