Re: Tenant/Landlord Water Damage Responsibility??

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

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.

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

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

Re: Tenant/Landlord Water Damage Responsibility?? by anonymous on July 30, 2014 @22:19	[ Reply ]

I don't think you have any financial responsibility here. If he charges you from the deposit, promptly file for small claims court. I think LL is wrong. Keep records and notes.

Re: Tenant/Landlord Water Damage Responsibility?? by Anonymous on July 31, 2014 @09:29	[ Reply ]

Yes, if you want a contractor to look at the damage, you have to pay for that contractor. Look at this like a court case, you have to pay for your own case. They have to pay for their own case. It is very easy and typical for water from an open window or an AC to get into the window well and seep down into the walls. Water always runs down. When it hits a joist in a ceiling, it'll run along and down that joist and stain/ruin the ceiling under the joist - not the floor above the joist. Whether or not you knew ACs and open windows could cause damage, will not be accepted as an legit argument. You took responsibility by installing the AC and leaving the window open. The damage was caused by your actions. Should the LL withhold the cost from your SD, you can take him to court and let the judge decide. Be aware that LLs often don't tell the tenant that the repairs cost more than the SD. They weigh taking a small loss against the hassle of taking the tenant to court for the balance due. So if a judge finds against you and the LL has costs more than your SD, you could end up owing the LL. On the other hand, if the judge finds against the LL, the judge could also find the LL must pay you for any costs you incurred (e.g. if you hired a contractor and the cost of filing in court). Please let us know the end of the story.

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