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Re: Tenant/Landlord Water Damage Responsibility?? - Landlord Forum thread 322081

Re: Tenant/Landlord Water Damage Responsibility?? by John Brayton (Massachusetts) on July 30, 2014 @18:11

                              
I think you're right; the window and air conditioner probably have nothing to do with the water damage. This sounds like an unrelated leak. The owners of the first two floors may be trying to blame it on the owner of the third floor.

I recommend inspecting the bottom of the window sill for either water stains or rotting wood. If water got in through the open window, with or without the air conditioner, I think you would see some type of water damage. Also, take pictures.

If you have not done so already, tell your landlord everything right away. Assuming you did not cause the damage, your only liability would be not telling him of a problem that you knew about. I do not think you are responsible. Unless your landlord has told you otherwise, I do not think he or she will try to hold you responsible.

If your landlord does withhold the damage from your security deposit, you can sue him in small claims court. Under certain circumstances, Massachusetts law allows you to recover 3x the amount withheld. I honestly doubt this issue will get that far.

John
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