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Additional Details
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Sweetie | Rental Question? Who is responsible? Landlord or Tenant? |
Last night a piece broke/cracked on the water boiler and our basement flooded (over a foot of water).
I am renting a town home. I called the leasing agent this morning and instantly the manager got defensive
Stating “The maintenance guy stated that someone broke it”!
I wanted to know who? That’s not what was said last night by maintenance.
I have two kids ages 11 & 13 and we’ve been living there for 3 years.
My kids came home from practice and heard the water coming out in the basment and called me at work.
We have a lot of things that was ruined.
Is the landlord responsible to reimburse me for the items that got ruined because of the water boiler?
Is this something that I have to chalk up and suffer?
I don't have renters insurance! |
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Fillymare
 |
Your landlord should be responsible; don't let him/her intimidate you. Depending on where you live, the quickest way to get action is to call your city/county office that deals w/tenants rights or Health & Human Services. If you can't find that info in the blues pages of your phonebook under "local government" go online through your state/city's official website. If you can't find that quickly and easily, ask your local librarian - they are an excellent resource. |
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bostonianinmo
|
The landlord is responsible for the repair to the boiler. That's not something that you or your kids could have damaged. The maintenance guy is full of crap on that one!
However, unless you can prove negligence on the part of the landlord -- and that is unlikely -- he is NOT responsible for the damage to your things. You should ALWAYS carry renter's insurance! That's a tough way to learn that lesson. |
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Aundrea
 |
Your landlord is responsible to fix the water heater...however, if you don't have renters insurance...they are not responsible for your personal stuff.
Sorry to say! |
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Quietman40
|
You could sue him, but, lose you place to live. He should cover the repair cost of the heater. But you need to get renters insurance from now on. He's not required to replace your stuff. That would be insurance' job. |
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Timeflo
 |
The landlord would be responsible for repairing the water heater. Otherwise, in most lease agreements, they are covered and not responsible for the items you lost in the flooding. That is why most places either require or suggest renters insurance. |
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Larry
 |
If you don't have renters insurance then you are at a loss. I'm sure your landlords insurance only covers his ownership, which doesn't include your stuff. Sorry, this is one of those hard lessons in life some people have to learn the hard way.
Your only fallback would be negligence on his part, and for that you'll probably have to take him to court to recover your damages. |
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Helpfulhannah
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He has to pay to fix the boiler and clean up the water,but he is not responsible for your items that were destroyed =( |
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OOO! I know! I know!
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Aundrea is correct. |
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AnOrdinaryGuy
|
I don't know where you live. However, if you live in the USA, the general rule is that the landlord is not responsible for accidents and resulting damage, unless the accident was caused intentionally, or negligently, by the landlord. To prove the landlord was negligent, you would have to prove that he knew the pipe was defective and could break at any time, and failed to take steps to fix it. Since it seems this pipe broke suddenly, it will be very difficult to prove that the landlord had advance knowledge that it was defective.
As to repairs: if the landlord's not negligent, then you are responsible for repairs to your own property. However, the landlord is responsible for repairs to HIS property, and if he doesn't make them, you can call the housing inspector.
You are not liable for repairs to the landlord's property unless you caused the damage, either intentionally, or negligently. As I pointed out, the mere fact that the water heater pipe broke is not proof of negligence, either by you or by the landlord.
This is why you should take out renter's insurance!!! It's not expensive.
Good luck, I hope this helps. |
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bcbuss2003
 |
I'm afraid that your landlord is NOT responsible for your things that got ruined....
Only thing he is liable for is the Structure, nothing inside it..
Renters insurance is about 5-12.00 dollars per month for about 25,000 in coverage.....usually available through your insurance company and they typically give out a discount when you have more than 2 things insured.
Sorry about your stuff....
He is liable for clean up, if that helps :) |
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Jessie H
|
I think the damages would have been covered by the renter's insurance. But you would think that since you lived there 3 years, the landlord could be sympathetic and help some. |
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Marysue
 |
Read your lease. Mine have always clearly stated what the landlord was responsible for including the replacement of damaged goods. |
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