Are we liable for the tenant's curtains?

[sailor]

Seven months ago we rented out the newly rebuilt unit upstairs. We put in brand new curtains. Tenants took them down and put up their own curtains. Now we find there's a wee leak under the glass sliding door (over which the curtains were hung). Consequently the tenant's curtains are "now ruined with mould stains" and they want "compensation". PM advised them to bring the curtains in for her to look at.

Now the tenants have put up the curtains we supplied originally.
Are we liable to fixing up their curtains?

 

[TheCamel]

I'd say no.
The property was provided as is.. if they chose to attach something of their own, that's their fault.

If they had of been your curtains, you would have expected to replace them, just as they would have done.

Why should you replace something that isn't yours.

 

[poppy]

Tenants have a legal obligation to report any maintenance issues that need attending to. Therefore, it could be argued that it is actually the tenants fault that the curtains are mouldy, as they did not report the issue promptly.

 

[Xenia]

They can claim them on their contents insurance.

Honestly though how much do curtains cost??? People tend to become so focused on the smallest of issues and this mentality of wanting other people to compensate you for your stuff is just beyond me!

We currently have a tenant wanting the landlord to compensate him for not being able to use the shower for 2 days while it was being repaired. What would happen if he owned the house? Would he approach the bank and say that he is not paying the mortgage for 2 days because the shower was not working? I just dont understand that mentality

 

[Pushka]

Yes I agree that sometimes we are too petty; but we experienced a similar problem when we were renting. As a family of two adults and two teenagers; two toilets is a good idea. However, one of the toilets was out of action for a month because tree roots had infiltrated the septics, and so the toilet needed replacing along with tiles etc etc. The landlord (self managed) was cross because
1. I called in an emergency plumber when I couldnt reach her to get her plumber in when we had raw sewerage flooding the toilet floor.
2. She couldnt see that it was inconvenient to only have 1 toilet for this month
3. She just ignored the fact that when the tiler, plumber etc etc had to do their work, that meant I had to take time off work to be home.

So while tenants might be fussy, landlords should also be more considerate of the inconveniences. And yes, it is inconvenient not being able to use the shower for 2 days.

When I first read Sailor's post, I felt that as the damage was the result of a problem with the unit, then the renters should be compensated. Is it also reasonable to expect the tenants to inspect the windows and notice the damage? Depending on their location they may just not have noticed until the damage was done.

 

[skater]

Tenants have a legal obligation to report any maintenance issues that need attending to. Therefore, it could be argued that it is actually the tenants fault that the curtains are mouldy, as they did not report the issue promptly.

This is the way I would look at it too. Tenants who do not report maintenance issues are as much a pain as those who have frequent non-maintenance requests.

 

[justme28]

I agree with Xenia.

The curtains are the tenant's belongings not yours. You are not liable. They need to claim on their contents insurance.

 

[GoAnna!]

I think that given you supplied curtains that they elected to use their own that their curtains are not your issue. We have an apartment where the tenant has decided to use their own fridge rather than the one I supplied. They are responsible now for the fridge, any repairs etc not me! In this circumstance I have documentated it.

 

[handyandy]

Why were the curtains on the floor? (or touching the floor)

Obviously they were not fitted properly (as they came from their last place) and they never bothered to alter them for the new location.

Regardless I would say no. They should have reported the problem and taken action to remove their curtains from sustaining further damage.

Cheers

 

[Pushka]

I think that given you supplied curtains that they elected to use their own that their curtains are not your issue. We have an apartment where the tenant has decided to use their own fridge rather than the one I supplied. They are responsible now for the fridge, any repairs etc not me! In this circumstance I have documentated it.

Yes, but would you be liable for fridge and other repairs if the electricals of the house created a spike for all electrical items and they needed replacement?

 

[poppy]

3. She just ignored the fact that when the tiler, plumber etc etc had to do their work, that meant I had to take time off work to be home.

Having to wait at home for tradies is my pet hate, however, this is a fact of life for everyone. What other option is there - if the repair is essential then it is worth taking time off work for. Do you think the landlord (possibly interstate/overseas), should come and wait for the tradesman instead? Is it reasonable for PMs to spend their time waiting around for tradies? Their fees would have to increase if they were to do this regularly, meaning eventually increased rents for tenants. If you really did not want to take the day off, did you try to negotiate the tradesman collecting the key from the PM as needed?

2. She couldnt see that it was inconvenient to only have 1 toilet for this month

The landlord didn't deliberately block up the toilet, thinking you wouldn't mind. Was the landlord/PM making reasonable effort to get tradies in and have the problem fixed during this time? Whilst it would be nice to receive compensation whenever I am inconvenienced by a person or business, society cannot function if it becomes a legal entitlement to collect compensation for every minor inconvenience that someone unintentionally or indirectly caused you. What if every time the bus was late, you were entitled to be paid compensation for your lost time as well as your taxi to work etc. Perhaps if you buy an appliance and it breaks under warranty, it shouldn't be good enough just to be entitled to get it fixed in a timely manner, the manufacturer should pay you compensation for your inconvenience. Hmm... what if the landlord buys a new oven for their IP and it breaks under warranty... the tenant doesn't have an oven for a few days and has to stay home to wait for the repair man. Who should have to pay the tenant for this inconvenience, the landlord of the manufacturer of the oven?

 

[poppy]

Yes, but would you be liable for fridge and other repairs if the electricals of the house created a spike for all electrical items and they needed replacement?

Well, if the electricity company causes a power surge destroying all my appliances I know what they would say - tough luck - maybe you should have bought surge protectors.

 

[GoAnna!]

Yes, but would you be liable for fridge and other repairs if the electricals of the house created a spike for all electrical items and they needed replacement?

These particular tenants have chosen to use their fridge instead of mine. It was their choice. It is now their responsibility and they can insure it along with their other house contents should they choose. I am not liable for the contents in my properties unless they are offered as part of the lease (fully or partly furnished). In this lease the fridge was offered but declined.

If there is a power surge they may or may not want to take that up with their insurance company or the power company.

 

[Pushka]

Poppy, I think it was more the attitude of the landlord (she didnt use a PM). During our 9 months of tenancy we had several significant maintenance issues go bad, and each time I had to take time off work to get them fixed.

I didnt want/ask for compensation, but a simple 'I am sorry for your inconvenience' was all I wanted. But all she did was complain about how much the tradies were costing her!

Of course it wasnt her fault that the toilet blocked, but other issues arose that were caused by her not organising stuff while the house was vacant, or because she had not maintained the roof properly. She also just assumed that I would be home when the repairs were booked.

I am not talking minor stuff, but things that had to be done - ie

Job 1: The plumbing job - 1 day off for the initial sewerage flood; 1 day off to replace the toilet bowl and pipe as it was cracked in removal; 1 day off to do the tiling (3 days off in all)
Job 2 The roof developed a leak at midnight and set off the hard wired battery alarm which kept shrieking all night and which was next to our bedroom - no sleep for us that night; the electrician came in the next day (another day off) and said it was a major rewire job so she didnt want to pay for that so she simply removed the fire alarm

Job 3 White ant inspection - another day off (That should have been done prior to our move in!)

So overall, in less than a year I had to take a week off work just to see to things that were her problem. Now, you would argue that if this happened to my house, then I would have to do the same thing. Well yes, I would. Because it is my problem.

Tell me though, if you are staying in a Hotel and the plumbing goes bad, would you expect to be moved to a different room? I think you might. And would you expect to have to hang around all day while the repairs were done! I dont think so. Renting is no different to that!

 

[GoAnna!]

Do people feel they need to stay home for security reasons? I must be a trusting soul

 

[BoatBoy]

Gee, I'm pretty sure our guys just get the keys from the PM's office and get the job done.

Dave

 

[TheCamel]

we try to arrange maintenance etc within time frames that suit my shifts, but if we can't do that, i'm normally happy for the tradesman to collect a key from the REA.

There is a supplied alarm system, and we have multiple codes programmed in. The first thing I did, was change the master code to one of our choice, and add an additional one, which we advised the PM of. (But not teh master code)

If we have a tradesman visit, we allocate another code, which we then delete again afterwards.

 

[Pushka]

As a landlord it would be perfectly OK for me to give a tradie the keys; as a tenant there are obvious reason's why I wouldnt - contents insurance wont cover for theft from someone you have 'invited' in!

 

[BoatBoy]

As a landlord it would be perfectly OK for me to give a tradie the keys; as a tenant there are obvious reason's why I wouldnt - contents insurance wont cover for theft from someone you have 'invited' in!

So therefore if the tenant wants it fixed, they'd better organize to be at home when tradies turn up.

Simple really.

Dave

 

[Pushka]

Maybe you guys need to walk in a tenants shoes for a while so you can see things from both perspectives!

My experiences as a tenant now mean I am far more considerate of such issues as a landlord.