ExpertLaw.com Forums

Is a Tenant Responsible for Damage to a Lower Unit from Water on the Bathroom Floor

Printable View

  • 08-07-2015, 11:30 PM
    missvem
    Is a Tenant Responsible for Damage to a Lower Unit from Water on the Bathroom Floor
    My question involves landlord-tenant law in the State of: Utah

    So tonight I was in the shower when my sister tells me someone is knocking on the door. So I change quickly into clothes and go to the door. My neighbors from downstairs is there to tell me that water is dripping into her bathroom.
    I go down to her apartment to look at it and there's this huge bubble above her shower (our units are exactly alike so my shower is over her shower) and it has a few cracks on the bubble and sure enough water is dripping out.
    We both agreed to call and talk to the apartment complex in the morning and have maintenence come look at it. It's not too bad but I'm worried it might be a bigger problem than it seems.
    Now I know there was some water on the floor when I got out of the shower, because I had realized that a part of the shower curtain wasn't fully closed while in there. Would that be negligence on my part? I don't really think it was enough to make that big of a leak because I had only been showering for maybe 5 minuets when I realized the curtain wasn't fully closed.

    My lease says this:
    "XIII: DESTRUCTION OF THE PREMISES
    If the apartment shall be partially damaged by fire or other cause without the fault or neglect of residenr, Residents Servants, employees, visitors or agents, the damages shall be repaired by and at the expense of Owner, and the rent until such be made shall be apportioned according to the part of the apartment which is usable by Residenr. No penalties shall accrue for reasonable delay that may arise beyond Owners control. The term of this Residency Agreement shall expire by lapse of time upon the third day after such notice is given, and Resident shall vacate the apartment and surrender the same to Owner." (I don't know if this has anything to do with it)
    "XV. WAIVER OF LIABILITY
    Resident agrees to assume responsibility for the following:
    (Skipping A and B as it has nothing to do with this)
    C. Steam, gas, electricity, falling plaster, leakage of water from pipes, rain, snow, malfunction of appliances, leakage or dampness of any nature whatsoever to the extent said concerns are beyond the control of the owner."

    I have renters insurance through the complex (I cant find the paperwork for it) so I'm not sure if that covers this, but I'm worried I will have to pay for something out of pocket which I really can't afford because I'm already paying out the butt for this place ($960 a month and we have to pay for mandatory covered parking; and the trash,water and sewage bill ourselves)


    I'm wondering will I have to pay for anything? Would I be considered negligent? And should I be worried about this?
  • 08-09-2015, 11:01 AM
    Mr. Knowitall
    Re: Is a Tenant Responsible for Damage to a Lower Unit from Water on the Bathroom Flo
    If you let water accumulate on the floor due to your not properly closing a shower door or curtain to the point that it leaks through to the downstairs unit and damages the ceiling, your landlord could plausibly argue that you should pay for the repairs. At the same time, a bathroom floor should be sufficiently water-resistant to keep amounts of water that might reasonably be expected to escape from a shower, sink or toilet from flowing into the ceiling space of a downstairs unit, so there's a question of the adequacy of construction and maintenance if in fact this was only a small percentage of the water escaping from a five minute shower.
  • 08-09-2015, 03:18 PM
    Forkeh
    Re: Is a Tenant Responsible for Damage to a Lower Unit from Water on the Bathroom Flo
    I, of course, can't say for sure. But if water is leaking through your neighbor's ceiling, it's probably something to do with the pipes or sealing of the shower unit. I very much doubt a little water on the floor would cause that.

    What concerns me is this:
    Quote:

    Quoting missvem
    View Post
    "XV. WAIVER OF LIABILITY
    Resident agrees to assume responsibility for the following:
    (Skipping A and B as it has nothing to do with this)
    C. Steam, gas, electricity, falling plaster, leakage of water from pipes, rain, snow, malfunction of appliances, leakage or dampness of any nature whatsoever to the extent said concerns are beyond the control of the owner."

    That may have you on the hook, even if it is something like a leaking pipe that's out of your control. I suggest you wait until the manager can respond, and see what they want to do about it. If they want you to pay, I strongly suggest you consult a lawyer. And in the future I would caution you against signing a lease that may leave you on the hook for damage that's out of your control, just because it's out of the owner's direct control.

    Oh, and find out what your renter's insurance covers. It's easy to get a copy of the paperwork. Just call them, or you might be able to request it online, or even read it online.
  • 08-09-2015, 04:03 PM
    llworking
    Re: Is a Tenant Responsible for Damage to a Lower Unit from Water on the Bathroom Flo
    Quote:

    Quoting Forkeh
    View Post
    I, of course, can't say for sure. But if water is leaking through your neighbor's ceiling, it's probably something to do with the pipes or sealing of the shower unit. I very much doubt a little water on the floor would cause that.

    What concerns me is this:


    That may have you on the hook, even if it is something like a leaking pipe that's out of your control. I suggest you wait until the manager can respond, and see what they want to do about it. If they want you to pay, I strongly suggest you consult a lawyer. And in the future I would caution you against signing a lease that may leave you on the hook for damage that's out of your control, just because it's out of the owner's direct control.

    Oh, and find out what your renter's insurance covers. It's easy to get a copy of the paperwork. Just call them, or you might be able to request it online, or even read it online.

    I would never have signed a lease with that kind of a clause.

    It makes sense to have a clause that says that water damage caused by the tenants negligence is the responsibility of the tenant, or excess damaged caused by the tenant for not immediately reporting a leak, but that clause would even make the tenant responsible if the roof collapsed due to massive snowfall and appliances that break down. That is an absurd clause.

    In fact, I wonder if that kind of clause would even hold up in court?
  • 08-10-2015, 02:45 PM
    missvem
    Re: Is a Tenant Responsible for Damage to a Lower Unit from Water on the Bathroom Flo
    Maintenance came by and took a look at it, they found out that my tiles in my shower were shifting away from the wall and water was leaking down into there then into the lower apartment. I didn't have to pay for any repairs thank goodness.

    I became worried about that clause you guys mentioned and contacted the office, they said that the clause is if I am the one negligent and don't take care of my unit/cause the problem ex. I cause the appliance to malfunction by breaking it; I tamper with the pipes and they leak; I cause a electrical blowout and the wires need to be replaced.
    I should have added clause J because it says "All of the above clauses the Resident agrees to idemnify, save and hold harmless Owner and Agent from any and all liability resulting from any and all actions of Resident, his/her family, servents, agents or guests."
    Which the wording on that clause is really awful.

    I also got my renters insurance paperwork and I am covered in case I cause a leak but my insurance rate would go up 5% if I had filed a claim within the first year (my year is next month so fingers crossed nothing else bad happens).

    In more recent events every time I turn my A/C on my breaker box makes fizz in and popping noise and upon opening it up I saw sparks. So I called the office and they're sending an electrician.

    I should really get out of this apartment lease.
All times are GMT -7. The time now is 11:00 AM.
Powered by vBulletin® Version 4.2.4
Copyright © 2023 vBulletin Solutions, Inc. All rights reserved.
Copyright © 2004 - 2018 ExpertLaw.com, All Rights Reserved