Mildew After the Clothes Washer Flooded

My question involves landlord-tenant law in the State of: California

Our washer flooded our hall way one evening. Thankfully we have tile floors and it was a quick clean up except for the fact the water made it to my sons bedroom door. The first few feet in of carpet got very wet. We were on top of drying up the water ASAP and kept the hall and room well ventilated to help everything dry. We informed our contact at the management company. They sent a repair man to take a look at the washer and he couldn't figure it out. Then a second repair many who was more familiar with our type of washer was sent and couldn't find a problem and suspect a loose wire perhaps. When he reported back to the management company he blamed us and said we probably over filled the washer causing the flood. I understand if he can't find someone wrong why he would jump to that conclusion but I have to disagree on it BECAUSE the load of pants that was in the washer when the flood happened was still in the washer and the repair man rant the washer with them and all was fine. The load limit on the washer was about 11lbs. My husband weight the pants after they were in the dryer and they fell well below the limit. I can't believe this is our fault. I think the repair man is jumping the conclusion because he can't figure it out. Well the management company communicated that we caused the flood to the landlord so now she thinks it's our fault. Well, back to the rug that got wet, even thought we tried our best to dry it, it started to stink like mildew. I let the management company know and told them I will try to resolve it by using a carpet cleaner. I did that and aired it out. Once dry the smell remains. I let them know that our best efforts have failed. They suggested we pull up the carpet in that corner and let the mat air dry. I told them I was not comfortable doing that because I don't think I'm qualified and don't want to have nails and under carpet exposed in my sons room (he's 2yrs old) unless we know it's going to work -- as in this advice is coming from someone who knows what they are doing, not a guess from the management company. We were told that that is all they can suggest since the landlord won't send a carpenter or appropriate repair person for the rug since she sees it as our fault.

For what it's worth, the is another instance of the kitchen sink flooding because a repair person (not the same as above) didn't tighten a newly installed garbage disposal. In that instance we were quick to react to keep the wood try, etc and even followed the suggestion of the plumber to bleach the wood to prevent mold/mildew.

You did not ask a question. You also might be held liable for not mitigating damage to the carpet.

When a rug gets soaked it needs to be pulled up/back so the pad underneath can be dried. Simply drying the rug itself won't extract the water that's soaked into the pad underneath or any floor below that. That's what you are smelling.

Gail

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Quoting Eponine22

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They sent a repair man to take a look at the washer and he couldn't figure it out. Then a second repair many who was more familiar with our type of washer was sent and couldn't find a problem and suspect a loose wire perhaps. When he reported back to the management company he blamed us and said we probably over filled the washer causing the flood.

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Two repair persons came out and found absolutely nothing wrong with the washer? And you've been using it since they came out without any repeat of the flooding? Then I can see why the management company is attributing the problem to user error.

Did you ask for the landlord's assistance with cleaning up the water?

Sorry, I guess what I want to know is are we wrong here? Do we just need to repair the carpet ourselves or insist the landlord do it?

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I understand why they jump to that conclusion too. The first repair person was a general appliance repair person who admitted he doesn't know much about our type of washer. He suspected a loose wire to the pump. They didn't trust his assessment so they sent a second person who is familiar with washers (I assume our type). He took it apart and also seemed to think it might be a loose wire somewhere or overloaded. I think between 2 people taking it apart the loose wire might have been fixed unknowingly.

We let the land lord know we did what we could to soak up and dry the carpet. The (it was about 1-2 feet worth into the room). We told them we would keep them posted on how that is going. They seemed content. We mentioned the smell and didn't offer any options so we offered to clean it since a family member had a steam cleaner. We told them we would keep them posted and they said they would wait to see if it worked before looking into it. It still smelled and now they are saying too bad, rip up the carpet to dry more. I can probably do that but it takes someone who knows what they are doing to put the carpet back so they would have to send someone.

I guess I am not understanding why lifting the carpet is rocket science. It is held in place by a tack strip correct?

Well if you've never done it before and know nothing about pulling carpet you might hesitate to do it. I should also mention I'm 7 months pregnant so now lifting or pulling for me. We have a replay saying they don't think they should repair it (said in a rude way) and from I can tell our trying to help is seen as guilt. At this point I'm not interested in helping out further. They should send someone to do the job.

Depending on your lease and state law, you are required to mitigate damages. Your lack of interest in doing so may come back and bite you. Good Luck.

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"A plaintiff has a duty to mitigate damages and cannot recover losses it could have avoided through reasonable efforts." Thrifty-Tel, Inc. v. Bezenek, (1996) 46 Cal.App.4th 1559, 1568-1569. "It has been the policy of the courts to promote the mitigation of damages. A plaintiff cannot be compensated for damages which he could have avoided by reasonable effort or expenditures." Green v. Smith (1968) 261 Cal.App.2d 392, 396.

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I'm assuming no renters insurance?