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Is a Tenant Liable for Water Damage from a Roof Leak

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  • 02-02-2017, 01:00 PM
    ignoramus23
    Is a Tenant Liable for Water Damage from a Roof Leak
    My question involves landlord-tenant law in the State of: OR

    Recently in Oregon we had a major snowstorm that caused extensive damage to buildings throughout my town. As the snow melted from the roof of my apartment complex, I started getting heavy water damage to the interior of the apartment (i.e. drywall began bubbling and lifting, maybe some rot, and also mold). I went to the apartment management and filled a repair request, but they said they would not be able to do anything about the roof until the snow completely melted. I asked if they would repair the interior of my apartment and they told me their insurance was not responsible for any damage done to the 'inside' of the apartment. She told me it was my personal responsibility. I asked a few others if they thought this sounded right, and no one thought it should be my responsibility. Can someone familiar with this area of law tell me if I'm actually financially responsible for internal damage caused by the faulty structural integrity of the apartment building?
  • 02-02-2017, 01:10 PM
    Mr. Knowitall
    Re: Is a Tenant Liable for Water Damage from a Roof Leak
    Speak to somebody at the apartment management company who is competent. The person to whom you spoke is not.
  • 02-02-2017, 01:15 PM
    flyingron
    Re: Is a Tenant Liable for Water Damage from a Roof Leak
    Are we talking about a rental building? If so, I agree with Mr. K.
  • 02-02-2017, 01:21 PM
    ignoramus23
    Re: Is a Tenant Liable for Water Damage from a Roof Leak
    Thanks for your quick response. Yes this is a rental building, I lease an apartment in this building. Just hoping this doesn't become some sort of headache with an expensive lawsuit.
  • 02-02-2017, 01:43 PM
    adjusterjack
    Re: Is a Tenant Liable for Water Damage from a Roof Leak
    Quote:

    Quoting ignoramus23
    View Post
    Thanks for your quick response. Yes this is a rental building, I lease an apartment in this building. Just hoping this doesn't become some sort of headache with an expensive lawsuit.

    If this is an apartment complex and you are a tenant, this is not your fault and you have no responsibility for the damage.

    What they told you about the insurance is not true.

    Structural damage to the interior of their property is covered by Commercial Property insurance policies. I have the samples in my reference material if you want me to quote the coverage for you.

    However, even without the insurance it's still the building owner's problem and the condition may become a habitability issue that would allow you to break your lease.

    Clear up one thing, though, is your unit a condo or co-op that you are renting from an owner through his management company or is it an apartment complex where all the apartments belong to the building owner?

    Do you have renter's insurance?
  • 02-02-2017, 02:01 PM
    ignoramus23
    Re: Is a Tenant Liable for Water Damage from a Roof Leak
    Thanks for your response. I'm not really sure the ownership logistics, but perhaps this quote from my rental agreement can clarify "Agent Disclosure: This property is managed by an employee of the Landlard and is authorized to act on behalf of the owner or agent. XYZ Realtors Inc. as an agent is a Real Estates licensee and is authorized to act on behalf of the owner. Pursuant to the management contract between the owner and the licensee, the Security Deposit is transferred to the owner whose name and address is: ABC Properties LLC DBA"

    I hope that wasn't as confusing to you as it was to me. I don't know if I'm renting from management, the XYZ agent, or the ABC owner.

    I unfortunately do not have renters insurance, which is why I was mostly concerned. It may even be illegal for me not to have it in my state...

    The damage is extensive, I wouldn't be surprised if it was in the several thousands of dollars.
  • 02-02-2017, 02:40 PM
    llworking
    Re: Is a Tenant Liable for Water Damage from a Roof Leak
    Quote:

    Quoting ignoramus23
    View Post
    Thanks for your response. I'm not really sure the ownership logistics, but perhaps this quote from my rental agreement can clarify "Agent Disclosure: This property is managed by an employee of the Landlard and is authorized to act on behalf of the owner or agent. XYZ Realtors Inc. as an agent is a Real Estates licensee and is authorized to act on behalf of the owner. Pursuant to the management contract between the owner and the licensee, the Security Deposit is transferred to the owner whose name and address is: ABC Properties LLC DBA"

    I hope that wasn't as confusing to you as it was to me. I don't know if I'm renting from management, the XYZ agent, or the ABC owner.

    I unfortunately do not have renters insurance, which is why I was mostly concerned. It may even be illegal for me not to have it in my state...

    The damage is extensive, I wouldn't be surprised if it was in the several thousands of dollars.

    You are a tenant, so you are definitely not responsible for interior damage caused by a roof leak. If you happen to be in a condo complex where you are renting from an individual owner, then the individual owner (your specific landlord) is responsible. You need to notify XYZ Realtors Inc of the damage and they need to notify ABC properties LLC.
  • 02-12-2017, 02:57 PM
    aksawy3
    Re: Is a Tenant Liable for Water Damage from a Roof Leak
    Quote:

    Quoting Mr. Knowitall
    View Post
    Speak to somebody at the apartment management company who is competent. The person to whom you spoke is not.

    If we're talking about rental, I agree with you
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