Water Damage In Apartment- Who's Responsible

4/11/2019 (Permalink)

Unfortunately, water damage is a common issue that renters can face. The aftermath can be devastating making the property unlivable and permanent damage may occur to personal belongings. When water damage occurs in an apartment, who is responsible for the damage cost? The property owner or renter?

Renter rights

Water Damage can be unpredictable and it is vital to understand your renter rights and understand whom is responsible for what in the event. In general, a landlord is responsible for maintaining the property along with ensuring that the apartment is livable and functioning up to code. The landlord may refuse repairs, or fail to address them quick in enough – causing further damage such as mold. In the United States, basic principles in tenant rights are in place and outline the party liable for damages.  Depending on the state, rent details can vary so check with your local housing authority.

Review your lease

It’s imperative to know what your lease states regarding property damage. Most properties have property insurance and will list what type of damage that is covered and what is not. The lease may specify actions that may be in place depending on the severity of the water damage. If the damage is severe and the apartment is unlivable is the tenant still required to pay the rent? Can the landlord evict the tenant or can the tenant cancel their lease without penalty? In general, if the damage is minor, the tenant will not be able to cancel the lease agreement. If the terms regarding property damage are not listed in the lease, speak to your landlord about who is responsible in the event when water damage strikes.

Renters insurance

Accidents happen which is why it is essential to have renters insurance. Most places require you have it before allowing you to move in an apartment. Depending on the plan you select, coverage can vary from damages to the building, personal content and may even cover the cost of lodging while repairs are being completed.

Landlord Responsibilities

The landlord is responsible for maintaining a functional apartment ensure that it is livable. The upkeep of basic plumbing such as sinks, toilets and tubs fall on the shoulders of the landlord. Failure to maintain or repair these functions may lead to property damage and the landlord is liable due to negligence.

Damage to property and personal belongings

Water damages caused to the building itself such as flooring, walls and utilities should be covered under the landlord’s property insurance. Personal property damages fall to the responsibility of the party at fault for damages, which can be the tenant. For example, if the tenant leaves a faucet on and falls asleep causing water damages.

How we can help

Water damage requires a rapid response in order to minimize loss to both the property itself and belongings inside.  SERVPRO technicians are experts at water damage cleanup in apartments and building of all sizes no matter severity of the damage. Our team of experts will assess the damage and develop an appropriate plan to restore and recover your property and contents. Contact us by calling 502.241.6861 to learn more about our water damage clean-up services.