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Leak from Tenant's Washer Caused Massive Water Damage

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  • 09-18-2015, 04:00 AM
    Zad581
    Leak from Tenant's Washer Caused Massive Water Damage
    My question involves landlord-tenant law in the State of: California

    Hello, this is the first time I'm using this forum, so please go easy on me.

    My wife and I currently live in a 2 story apartment. Tonight, our washer water leaked out from the bottom of the machine. This apartment has a laundry room, but we only have two machines for over 50 apartment rooms, and on top of this, we can't use the laundry room after 8pm, so we had decided to purchase our own washing machine since we have to work till late everyday. A family who lives on the first floor below our room is the manager family, so now that they found out we have a washing machine, they're really mad at us. They said we will be charged for all the repairs(floor damage, sealing, water pipes, and manager's personal belongings), and they also told us that we can't have a washer in the room. However, the whole reason why we bought a washing machine is because it wasn't stated in our contract. Is this prohibited by the law? My previous apartment which is in the same town had a washer in each room and public laundry room as well.

    My washer is a Magic Chef 1.6-cu ft Compact Washer, and before this happened, I had already unplugged the water nose connection from the sync since our washer has not been working properly recently, and it showed an error signal so I stopped the water and unplugged. Several hours later, this water leaking happened.

    This happened late tonight, so we have to wait for the owner and discuss about this incident tomorrow. We don't have any renter's insurance, but how much responsibility and how much money do I own in this type of case?

    (This is an off topic, but the reason why we put our own washer in the room is because of this apartment's security. There have been theft issue going on in this apartment. My belongings in the garage has been stolen several times. Our neighbors were also involved in this issue. I.e. Every bicycle in the apartment's garage was stolen. We invited the police to our apartment and had a meeting to discuss our security and the police officer have admitted this places' security is really terrible. However, LL have not taken any action towards this issue. We didn't want to use any public facility for our belonging's safety.)
  • 09-18-2015, 04:09 AM
    Mr. Knowitall
    Re: Leak from Tenant's Washer Caused Massive Water Damage
    If the lease doesn't forbid you from having a washing machine, either directly or through a reference to community rules that include such a prohibition, then you're not forbidden from having a washing machine; if you are to follow the community rules, the rules can be amended on proper notice. If you're a month-to-month tenant, the landlord can impose new lease terms on proper notice.

    You are responsible for the damage you caused.
  • 09-18-2015, 04:43 AM
    Zad581
    Re: Leak from Tenant's Washer Caused Massive Water Damage
    Thank you for your quick reply.
    At least I can have an opinion to defend myself about having a washer in the room.

    I accept the damage I caused. I should've had a renter's insurance. Wish if I had known that kind of insurance exists. Now all I hope that cost for the repair won't be higher than several thousand...
  • 09-18-2015, 05:19 AM
    HRinDEVON
    Re: Leak from Tenant's Washer Caused Massive Water Damage
    Absent negligence , I'm not so sure that you are responsible for damages to other unit ...check it out before you make agreements or comments....
  • 09-18-2015, 05:48 AM
    Zad581
    Re: Leak from Tenant's Washer Caused Massive Water Damage
    I found that there is a rift between tiles which caused leaking a water to the 1st floor. I believe this rift was already there before I moved in. I noticed when I moved in that our room is slightly slanting and that rift back then. Maybe I can negotiate about this point?
  • 09-18-2015, 06:05 AM
    HRinDEVON
    Re: Leak from Tenant's Washer Caused Massive Water Damage
    The issue may be that absence negligence on your part you are not responsible for damage to unit below. Unless lease prohibits a washer I don't see how having a washer is negligence.

    If you observed a leak and took no steps to shut water off or used the machine again while it leaked ..that might darn well be negligence .

    If the tile floor had defects such that water went thru the floor rather than be visible ..that MIGHT be a point in your favor as to whe the leak was first apparent in your area.

    IF the washer was connected by some sort of jury rig not up to code and of a nature prone to leak..that ,might be negligence...but it's not what you posted so far.

    - - - Updated - - -

    Some local plumbing codes call for a drip pan and drain for washing machines installed on upper floors ..I do NOT know what is in your codes ...look them up ...absence of a required pan might be construed as negligence
  • 09-18-2015, 06:47 AM
    adjusterjack
    Re: Leak from Tenant's Washer Caused Massive Water Damage
    Quote:

    Quoting Zad581
    View Post
    I found that there is a rift between tiles which caused leaking a water to the 1st floor. I believe this rift was already there before I moved in. I noticed when I moved in that our room is slightly slanting and that rift back then. Maybe I can negotiate about this point?

    This is simple. If you were negligent, you owe. If you weren't negligent, you owe nothing. So don't start negotiating, or admitting anything, until you figure that out because "massive" damage could cost you $10,000 or more.

    The big question: What was wrong with the washer that caused the leak?

    Was this a used or new machine?

    How recently did you buy it?

    You wrote it wasn't working properly? How so and what did you do about it?

    You wrote that you saw the error signal and disconnected the hose.

    Did the washer remain full of water when you did that? Or did you make efforts to remove the water from the tub.

    Even if the tub stayed full, if the leak was sudden and unforeseen there is likely no negligence on your part.

    So the next question is: What does your lease say about your responsibility for damage caused during your occupancy.

    Be very careful about who you talk to and what you say because, unlike a criminal case, anything you say can and will be used against you.

    Also very important. Insist on personally inspecting and photographing the damage before anything gets fixed.
  • 09-18-2015, 09:17 AM
    Zad581
    Re: Leak from Tenant's Washer Caused Massive Water Damage
    Thank you for the suggestion.

    Let me clear your questions. I've bought this machine 2013, so it's been good about 2 yrs. This washer started to stop during the spin section, since that I try to minimize the load so the machine can finish the work. When I disconnected the water, it was about 2/3, but the rest of the work was the spin so it didn't need to use water anymore. I removed all waters after the manager showed up and I noticed about the water leaking. I didn't notice about the water was leaking because the machine didn't make any beep or noise when it's supposed to be doing during the error usually.

    I believe our lease contract didn't say anything about the damage if we caused. I haven't seen the contract over 5 years since I moved in and only the manager keeps it, but it was only a 2 page paper with simple sentences.
  • 09-18-2015, 09:25 AM
    adjusterjack
    Re: Leak from Tenant's Washer Caused Massive Water Damage
    Quote:

    Quoting Zad581
    View Post

    I believe our lease contract didn't say anything about the damage if we caused. I haven't seen the contract over 5 years since I moved in and only the manager keeps it, but it was only a 2 page paper with simple sentences.

    Oh, Jeez, another one that signs things without keeping a copy.

    Oh, well, I don't see any negligence here but the lease could be your downfall.

    Even a simple sentence can say that you're responsible for any damage caused during, and arising out of, your occupancy.

    See how simple that sentence was.
  • 09-18-2015, 09:30 AM
    Zad581
    Re: Leak from Tenant's Washer Caused Massive Water Damage
    What should I talk if the contract doesn't describe about this case? Just don't admit?
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