Landlord Question and Answer Forum

tenent's lability for water damage

We had a clog of "unknown" source in the plumping resulting in water damage in the upstairs bathroom with resultant mildew and ceiling damage. The plumber reports that the clog is from an unknown sorce. The plumber cleaned out the line. The property is in good shape and 13 years old. The tenent has rented the property for the last 3 mos. Is the tenent responsible for the costs of the repair???? The cleaning of the line and the water damage to the ceiling??? Or now that all the lines have been cleaned out (a month ago tenant complained of cloged line in a different part of the house, and plumber scoped it and it was not cloged.)

The draft of the lease, as far as I'm aware, would determine who should pay. For my own lease (i'm the renter) I would be responsible if the total cost of the plumber was less than $125, and likewise the damage resulting from it would be handled seperately unless it was on the same bill. If damage resulted in us needing a plumber, a handyman for removal and reinstall of floors, a carpet or tile person to cover said floors back up, and a health inspector to be sure the mold was under control - we would have 4 seperate bills and I'm responsible for all those under $125. Seperate from that we wrote a clause that direct negligance (something happens and I don't tell my landlord for a year) makes me responsible for 100% of the replacement out of my security deposit and then I have 30 days to replace any funds taken in that manner. And likewise things out of my control such as a pipe in an outside wall bursting due to weather is 100% the landlords problem. Should be in your lease.

Posted by Iwould R, WY on Sunday, November 15, 2009