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Is a Tenant Liable for Damage from a Leaking Washing Machine

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  • 02-09-2017, 04:03 AM
    lawfacts
    Is a Tenant Liable for Damage from a Leaking Washing Machine
    A tenant had her own washing machine in her rental unit. This was a regular clothes washer, in an area meant for laundry. Somehow the washer started to leak and, over several days, there was water damage to the ceiling of the downstairs unit. Now the landlord wants the tenant to pay for the damage. The tenant did not know about the leak until the water damage had occurred, and it was necessary to move the washer to see water on the floor. Is the tenant liable?
  • 02-09-2017, 08:18 AM
    Mr. Knowitall
    Re: Is a Tenant Liable for Damage from a Leaking Washing Machine
    The answer would be more clear if this were a washing machine provided by the landlord, as the tenant would not be responsible for damages relating to ordinary wear and tear, and there would be no apparent basis to accuse the tenant of negligence for failing to notice a hidden leak. However, with its being the tenant's washer, things become more complicated -- there could be negligence by the tenant in the installation or maintenance of the washing machine that led to the problem. Also, negligence issues aside, it may be possible for the landlord to recover the cost of repairs resulting from damage caused by the tenant's defective property -- be it a leaky washing machine or broken hose.

    Ideally the tenant will have renter's insurance, such that the insurance company will address issues of liability and cover the cost of repairs for which the tenant is responsible above the tenant's deductible.
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