So I'm renting a house I own out....

Diesel

Diesel

Spring Training Invitee
I'm a new renter. I have very good tenants. They pay on time and have been no trouble in the past two yrs.

I got a call that one of the tenants opened a cabinet above the stove (actually next to the ventilation hood) and it 'came off the wall'. Literally fell off the wall and smashed my stove top. Of course, they are saying the cabinet wasn't secure and just fell without any negligence. I'm saying "you pulled it down by using the cabinet to support your weight in some fashion". Common sense says it didn't fall without a lot of help. Simply opening a door won't do it. The cabinets are only 8 yrs old.

So we disagree. I think they are lying to avoid being responsible. Where does the burden of proof fall? It's obvious to me that cabinet doesn't simply fall down on it's on.

My solution is this: 1. I get estimates and you pay to fix the stove top. 2. I pull the stove out, you replace it with a cheaper stove, I will use the security deposit to fix my stove whenever they decide to move. 3. Don't renew the lease and I keep your security deposit.

Their solution is for me to have my homeowners insurance handle it, which would mean me paying a large deductable that's more than the stove top even costs.
 
I would just eat the costs if they are not too high but re-word the new lease agreement to indicate that all damages outside of the normal course of wear and tear be the responsibility of the tenant. I would only do this if its difficult to find good tenants in your area.
 
Lease already says all damages outside of normal wear and tear are responsbility of tenant. They are saying it was my fault because cabinet wasn't 'secure'.
 
Diesel said:
Lease already says all damages outside of normal wear and tear are responsbility of tenant. They are saying it was my fault because cabinet wasn't 'secure'.
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Well, I suppose it comes to whether or not you believe you can find more tenants that won't give you problems with payments. When the lease expires just use the security deposit.
 
If they have been no problem for two years, I'd just pay for it yourself. There had to be some issue with the cabinets for them to come off, even if there was a little stress on them.
 
When I used to rent before I bought, the kitchen light fixture must have not been secured because it fell and shattered when we were gone. My landlord blamed me for it despite it having detached from the ceiling support and not just the nut that you unscrew to replace the lightbulb

I paid the 15 bucks just cuz I refuse to ever have a argument over so little money

My suggestion to you is its hard to find renters that are reliable. I would go ahead and replace the stove but indicate to them that if anything like this happens again they'll have to fit the bill
 
Yeah, this certainly wouldn't be an issue if it was for less than $100. However, ceramic stove tops are sometimes more expensive to buy and have installed then simply buying a new stove.
 
As someone who's installed alot of cabinets in the past and done some remodeling work, I would have a couple questions.

Was the cabinet a stand alone cabinet? Was it next to another cabinet? The reason I ask is properly installed cabinets, when next to another one, will have been screwed to the adjacent cabinet through the stiles.

What did it look like when you saw it? How many screws were visible? Did they pull out of the wall or out of the cabinet? In the holes in the wall, is there a stud behind the hole to actually hold the cabinet securely?

I'm no pro, but IMO for the weight of a person to pull a properly installed cabinet off a wall, there would be major damage to the cabinet itself (where it was held, or where the screw heads pulled out of the back) or they were storing bricks in the cabinet.

I think it was improperly installed and not the fault of the renters. Like everyone else said, good renters are hard to find.

It's not necessarily your fault, but IMO your responsibility to fix it (based on how you described it). Most likely the result of DIY installation or cheap labour. "As long as it's hanging from the wall it's good, right?"
 
I doubt your homeowners policy is going to cover it just fyi. If you have a homeowners and not a dwelling fire and tell them you had a tenant in there they are gonna cancel ya because the type of policy you have is wrong. Dwelling fire usually covers very little contents because the contents are usually the tenants.

Maybe this would have been simpler to type:

Dwelling fire policy is for a home (the structure) that is rented out.
Homeowners is for the policy holders home that he lives in (structure and contents).

And I would not file a claim on that. It needs to be worked out.
 
gtcway said:
As someone who's installed alot of cabinets in the past and done some remodeling work, I would have a couple questions.

Was the cabinet a stand alone cabinet? Was it next to another cabinet? The reason I ask is properly installed cabinets, when next to another one, will have been screwed to the adjacent cabinet through the stiles.

What did it look like when you saw it? How many screws were visible? Did they pull out of the wall or out of the cabinet? In the holes in the wall, is there a stud behind the hole to actually hold the cabinet securely?

I'm no pro, but IMO for the weight of a person to pull a properly installed cabinet off a wall, there would be major damage to the cabinet itself (where it was held, or where the screw heads pulled out of the back) or they were storing bricks in the cabinet.

I think it was improperly installed and not the fault of the renters. Like everyone else said, good renters are hard to find.

It's not necessarily your fault, but IMO your responsibility to fix it (based on how you described it). Most likely the result of DIY installation or cheap labour. "As long as it's hanging from the wall it's good, right?"
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It is a stand alone cabinet. There was not a stud behind the cabinet as it was installed with drywall screws. All screws were pulled from the wall, leaving damage where they pulled from the drywall.

Not the most lock solid secure cabinet, but I have trouble this as normal wear and tear and not some misuse by the tenants.
 
Diesel said:
It is a stand alone cabinet. There was not a stud behind the cabinet as it was installed with drywall screws. All screws were pulled from the wall, leaving damage where they pulled from the drywall.

Not the most lock solid secure cabinet, but I have trouble this as normal wear and tear and not some misuse by the tenants.
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I agree that it's not normal wear and tear, but still think it might be improper installation, meaning, not the tenant's fault.

If they were actual drywall screws, they're not meant to attach cabinets. Hopefully they were going through the drywall and into a stud behind it, otherwise, it would have fallen sooner. The screws could have been too short or went into the edge of the stud.

Anyway, I'm just guessing since I can't see the cabinet or the wall. Sucks that you might have to pay for it, but it's part of owning a house.
 
Look at it this way. If they were hanging from it and it pulled off the wall, they could have been injured and sued you for improperly installed cabainets:Gasp:
 
I've already agreed to fix the cabinet and wall. It's the range top that I have a problem with. I may propose that we split the cost. Thanks for your advice and input!
 
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