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saenzrich | Can i hold my landlord responsible for damages caused due to faulty plumbing? |
I CAME HOME ONE NIGHT TO FIND MY DOWNSTAIRS APARTMENT FLOODED. I HAD SOME RECENTLY BOUGHT ITEMS ON THE DINING ROOM FLOOR THAT GOT DAMAGED. THE FLOODING CAME FROM OUT OF THE KITCHEN SINK AND FLOODED THE KITCHEN, LIVING ROOM, BEDROOM. THE LANDLORD REPLACED THE PADDING FOR THE CARPET AND STEAM CLEANED THE CARPET. WE HAD TO MOVE ALL OUR FURNITURE OUT OF THE ROOMS SO THEY CAN WORK IN THERE. THE TOTAL OF DAMAGED ITEMS WERE $200.00. I DEDUCTED IT FROM THE RENT AND THE LANDLORD IS UPSET WITH ME FOR DOING THAT. IT IS THE SECOND TIME THIS TYPE OF FLOODING HAS HAPPENED TO ME HERE IN THIS APARTMENT BUILDING. IS THE LANDLORD RESPONSIBLE FOR THIS? |
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Amazing Babe
 |
Yes Yes he should |
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acermill
|
No, he is not responsible for your loss. That's what renter's insurance is for. |
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jupyter_flew
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Nope. That's what a renter's insurance policy is for. You can't automatically deduct. If this goes to court the landlord will win unless you can prove you had the $200.00 in an escrow account to show you had the ability to pay and that you weren't just trying to get out of paying rent. |
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TheAllKnowingFizz
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No, the landlord is likely not responsible, but it depends on your specific lease agreement.
In the vast majority of cases, your best bet would be to file a claim under your renter's insurance policy. Although, most deductibles are going to be at least $200, so you wouldn't see much there. |
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Christo Minaverus
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pretty sure you need renters insurance for your items in his house if I remember correctly. If not your hosed. you best pay him his money or he can take you to court. |
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jeanniep
 |
no that's why you should have rental insurance
most leases state a tenant will not deduct anything from rent a landlord can say rent is not paid and evict you if you do this.if it's that bad give notice and move |
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bilko_ca
|
if it is pure negligence on his part, then you might have a leg to stand on... but this type of thing is why we have renter's insurance.
it was wrong to deduct this from the rent, this should be handled seperate. If this was a negligence of a repair that was a necessity that has been on going and you had to have it repaired yourself, that is when you can start deducting from the rent, but you'd better have the paperwork to back it up.
sounds like you're in the wrong on this one. |
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reenzz
|
No...you have no right to deduct any money from your rent. Even if state law allows you to do so...most don't, you would have to follow certain procedures...such as taking him to small claims court for the damages and letting a judge decide the issue...not you. This is why so many landlords are requiring their tenants to carry renters insurance. Don't expect your lease to be renewed. |
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Weimaraner Mom
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The landlord is responsible for repairing the plumbing and fixing your apartment but they are not responsible for your personal items. That's why you should carry renters insurance to protect your personal items from damage due to negligence of the landlord.
Next time discuss with the landlord or put it in writing that you are deducting the money from the rent BEFORE you do it, the landlord has recourse to come back to you for the balance owed that you deducted. Failure to pay can result in his filing eviction for unpaid rent.
When a tenant in an office building has his items damaged due to flooding from another tenant, theft or damage due to a hurricane the landlord will repair the office to it's original condition and clean and extract the water from the carpet but the tenant is responsible for his personal items damaged at the time, it's why we require them to carry liability insurance so they have recourse. |
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angela
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not really...what if ur neighbor had done it...
it happened to my teacher.. |
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Expert Realtor
 |
Yes, because if it was HIS property that he is failing to maintain the maintenence on, then YES, he is responsible for covering the costs.
Had you had renter's insurance previously, and filed a claim, when the apartment flooded a second time, your insurance would have refused to pay the second claim because it is NOT an act of God...or an act of chance..it is an ACT OF NEGLIGENCE.
However, the challenge that you have is you have to hope that the landlord accepts your $200 deduction and doesn't press the issue further.
You cannot legally resort to self help measures to cover your expenses, you must file a small claims suit against the landlord and let the judge decide...what you did was make the decision yourself, and you can't do that.
So if the landlord is upset, but doesn't make an issue out of it, then you are fine. But don't be suprised if he takes that $200 out of your deposit when you move out.
PS: I sued a landlord when I was in college and WON because the pipes in the ceiling of my apartment burst and caved in, during an ice storm, ruining my bedroom suit.
You would think that was an act of God, right?
Wrong...his maintenance guy "outted" my landlord by stating it was the 3rd time he had been out to fix the SAME plumbing problem....that moved my situation from an act of God to negligence, therefore, the judge said he was responsible. |
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spawko
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In most places yes... the landlord is responsible for damage to your property due to things like this.
However, you should look up the landlord/tennant act in your area. You can probably the one for your province or state or whatever online.
Usually, the landlord has way less "rights" than the tennant... the act should state what landlords in your area are responsible for. |
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rhsaunders
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In general, yes. His property insurance should pick up the tab. But I am not reading the bulk of your question because it is all caps. |
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waratthedoor
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Yes...I hope so. |
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Stoned P
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if he want's his 200 bucks back, tell him to take you to court! He won't win! |
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jpwop1993
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hell ya here is a famous quote :"once is an accident, twice is a trend, and three times it's gonna happen again." he(or she) is liable |
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kikime
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Yes! I just saw a case like this on the Peoples Court And the tenant won! |
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BILL
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Yes but if he fights it you will probably lose. |
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<3
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no because thats a luxcury its some thing u really dont need and if you did try and hold him repsonsible u will lose |
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