Last Thursday @3:30 AM, lg. water pipe leaked causing ceiling to cave in within Living Room (& on my dog!) Called emerg tel #- arrived 2 hours later to turn off leak. Later that AM, Maint Supvr came-insulation, pcs of ceiling & water everywhere:furniture, lg. screen TV, electronics etc. I asked what was cause- HIS WORDS: "Water pipes are 40 yrs old. Neighbor has been thru this 7-8 x's. Since they are aware, why don't they repair problem: he said it is too costly.They wait for ea. incident, repairing it one @ a time. Mgr called me to ask I move personal belongings-not their responsibility. Quite upset, I told her what supervisor had said- she agreed and added she cannot promise this will be the last time! Aren't they liable to replace my belongings? Imagine someone is injured!
Maint Supv’r, an expert in plumbing repairs, stated tenant (next-store) exper'd exact problem, 7-8 x's-proof they ID’d the problem? Due to expense to modernize plumbing make conscious decision to do nothing! On 2 occasions I've had leaking in my unit, less severe-I was told it was REPAIRED. The Mgr., called me day after recent episode & confirmed NO promise it will be last time! Are they responsible for providing safe/sanitary environment? Are they a rent collecting machine? They admit to handling a widespread problem individually to avoid hefty overhead of repairs. Are they not responsible for reimbursing my items damaged by their antiquated pipes? What provision in my lease states we as residents, shoulder the burden by living thru ea frightening/unsanitary episode, to avoid mgmt from having extensive repairs. Interestingly, I decided to continue on a mo.-to-mo. tenancy several mos’ ago -in turn my rent raised 16%... Thank you sincerely 4 ur time & consideration.
Oil / Gas Attorney
This is what renter's insurance is for, in case there is damage that is your fault or that the landlord is not obligated to pay. If you have insurance, contact them to at least report the incident, you may ultimately make the claim directly on the landlord's insurance. And speaking of your landlord's insurance, ask for his insurance information.
As for ultimate responsibility, a lot will depend on the terms of your lease, and the foreseeability of the damage by both you and the landlord. If a lot of a value was lost, you may want to contact a personal injury/insurance attorney to discuss your options.
If this response was helpful, please mark it as helpful or as a best answer. The response provided herein is for informational purposes only and is not intended as legal advice, nor does it establish or intend to establish an attorney-client relationship. You should always speak with a licensed attorney regarding your legal rights before taking or not taking any particular action.
3 lawyers agree
There's no guarantee that a pipe will or won't burst as a result of its age. Just because the pipes are old, doesn't mean that they're faulty or about to burst. Maybe your landlord would be liable for damages if it could be demonstrated that he was negligent in ignoring a pipe in imminent danger of bursting.
Renter's insurance is designed to protect personal items in events such as these. If your renter's insurance company feels the landlord is at fault..then presumably your insurer will take appropriate legal action.
DISCLAIMER: Brandy A. Peeples is licensed to practice law in the State of Maryland. This answer is being provided for informational purposes only and the laws of your jurisdiction may differ. This answer based on general legal principles and is not intended for the purpose of providing specific legal advice or opinions. Under no circumstances does this answer constitute the establishment of an attorney-client relationship. For legal advice relating to your specific situation, I strongly urge you to consult with an attorney in your area. NO COMMUNICATIONS WITH ME ARE TO BE CONSTRUED AS ARISING FROM AN ATTORNEY-CLIENT RELATIONSHIP AND NO ATTORNEY-CLIENT RELATIONSHIP WILL BE ESTABLISHED WITH ME UNLESS I HAVE EXPRESSLY AGREED TO UNDERTAKE YOUR REPRESENTATION, WHICH INCLUDES THE EXECUTION OF A WRITTEN AGREEMENT OF RETAINER.
2 lawyers agree