Re: Water Leakage. Who is responsible? - Landlord Forum thread 330208

Re: Water Leakage. Who is responsible? by Garry (Iowa) on January 21, 2015 @23:59

If the T lived there for 11/2 years with no sewer problems, and the plumber pulled those items out now, then she was NEGLIGENT , and needs to pay for the service call, and the damage to the carpet. If she carries renters insurance, then she can turn in a claim for damages to her stuff and also your damages (if you were named on her policy) But she may have a $500-$1,000 deductible on it, so she may decide not to turn it in. Either way, she is responsible in this case for ALL the damages. You are not responsible for damage to her items unless she can prove you were somehow negligent and caused the sewer to back up. If she has no renters insurance, then her loss is all on her. But I'm curious----- if the furnace, water heater, air conditioner or refrigerator (if you provide it) just quits working one day, through no fault of the T, who pays to fix it ? It should not be the T, even if she agreed to it in the lease.That's where your states LL/T laws come into play. If the laws say those items are the LLs responsibility,then the wording in your lease does not trump the state codes even if the T did agree to it in writing.

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