Tenant/Landlord Water Damage Responsibility?? - Landlord Forum thread 322066

Tenant/Landlord Water Damage Responsibility?? by Jenny (Boston, MA) on July 30, 2014 @10:57

I am currently a tenant in a three family house on the third floor, each floor has a different landlord (sold like condos). One of our windows had an AC unit that came with the apartment, but we installed it, and it was "leaking" into the second floor and damaging their walls/ ceiling. We have no visible damage in our apartment, but we took the AC unit as soon as we were notified by the second floor residence. Soon there after it was another blazing hot summer day, and because we were no longer using the AC unit the same window had been left open.. and it happened to rain. Again we were notified that the second floor was experiencing "leaking" and further damage- while my apartment has no evidence of this.

The third floor landlord and the second floor landlord have been in communication with this problem and have come to the conclusion that we are responsible for the damage and must pay to fix the walls and ceiling on the second floor. We have not received a quote of the damage, but I am concerned it will be very expensive. I also am not convinced that the problem is fully our responsibility. I feel like I have no control of this situation and I am being taken advantage of, is there any way we will be able to negotiate the quote once we receive it? We were not visually aware of any issue, and we had removed the AC unit, and closed the window as soon as were were notified of the issue. I think that even though the water probably came in through our window, I believe that the problem is further within the walls and faulty or damaged flashing, and that simply patching and repainting will not be a long term solution. I do not want to provide my money for something that is not my responsibility, and if it is not fixed properly will continue to be an issue for the next residence to come.

I am also wondering if we as tenants have any right to argue against the quote we will receive or is our money.. basically gone. Do you have any thoughts on this issue, or any reasoning behind the landlord making us pay for this damage? Is there any validity that we can argue that it is unreasonable for us to close the window in a very humid third floor apartment in the middle of summer. I would appreciate any help or direction, because of course I would like my full security deposit back and I don't want to be taken advantage of in the last month of my lease.

Thank you!

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Re: Tenant/Landlord Water Damage Responsibility?? by MassLL (MA) on July 30, 2014 @13:46	[ Reply ]

Shortest answer 1st: tenants are responsible for damages incurred due to open windows. I know this from years experience as a LL and from being in LL/tenant court when a Mass. judge made that clear to a tenant. Regarding the AC damage, you were responsible for the proper installation of it and checking that it was operating properly (not causing any damage). E.g. after installing, running it and checking that the water was dripping outside - not inside. You can hire an appropriate contractor yourself to check to see if "the problem is further within the walls and faulty or damaged flashing". That'll cost you a couple hundred. Wait and get a written assessment and estimate from the LL, then decide if the cost of a contractor is worth it.

Re: Tenant/Landlord Water Damage Responsibility?? by John Brayton (Massachusetts) on July 30, 2014 @14:25	[ Reply ]

If you have not already done so, your best approach is to discuss the issue with your landlord. He or she may have every legal right to invoice you for the damage or to withhold it from your security deposit, but I honestly think that would be unreasonable. If I was in your landlord's position, I would be inclined to accept responsibility and to determine why small amounts of water coming in the window are causing so much damage. I leave windows open during rain storms and have never had problems. I would also want to keep a good tenant happy. John

Re: Tenant/Landlord Water Damage Responsibility?? by anonymous on July 30, 2014 @15:36	[ Reply ]

I don't think you are responsible for either cause. Certainly not the AC that came with the unit and a little rain in an open window isn't going to get to the second floor. Did second-floor tenant report leak promptly to his landlord? How would you even know it was a problem?

Re: Tenant/Landlord Water Damage Responsibility??

Re: Tenant/Landlord Water Damage Responsibility?? by Jenny (Boston, MA) on July 30, 2014 @17:16	[ Reply ]

Hi Everyone Jenny from Boston here Just a little response to your helpful answers and a disclaimer for myself. The AC unit was in for maybe a week and used twice, I guess there could have been an accumulation of water within the unit, but as far as the install- I didn't see anything wrong ( I now know that it needed to be tilted back more). But still, I was not aware of any damage, as there was no visible leaking within my apartment. If I am claiming that the landlord/landlords should check the house construction would I still be responsible for paying got the contractor to check this? I am also still convinced that there is a larger issue with the house because during the "rain incident" my (third floor apartment) didn't even have rain on the floor (there was a screen in the way) but I am confused to have the two landlords claim that a simple open window is the main problem. I am trying to understand my rights as a tenant, and I just don't believe I am responsible any intentional damage. And I would like to not be completely ripped off since I am at the end of my lease (last day is August 31). Thanks everyone.

Re: Tenant/Landlord Water Damage Responsibility??