Results 1 to 3 of 3
  1. #1
    Join Date
    Jan 2013
    Posts
    1

    Default Who is Responsible for Water Leakage into My Neighbor's Apartment

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

    This may not be that unique, but I really would like some legal advice and need your attention, so thanks so much!

    I was taking a shower last week, when I heard knocking at my front door. I hopped out and answered it. My downstairs neighbor informed me that water was leaking through her ceiling. I looked back at the shower and noticed that my shower curtain had been placed outside of the tub (by house cleaners) so that water had certainly been spilling onto my floor. The amount of water (maybe irrelevant legally?) was as if someone took a bucket of water and spilled it across my floor. I cleaned it up immediately, and then promptly put the issue out of mind. Small amount of water, immediate cleanup, what's the worst that could happen?

    My landlord called me earlier this week and informed me they would be invoicing me for repairs, including caulking and repainting, to the ceiling of my neighbor's apartment. I'm guessing this will be a substantial amount.

    I recognize that my ignorance (don't want to use the "n-word" here) caused water to spill onto my floor. I recognize that water spilling onto my floor leaked through my floor (it is impossible to see where) through my downstairs neighbor's ceiling, causing water damage.

    What seems unreasonable to me is the expectation I'm supposed to have, that, should I spill water on the floor, I would (or even might) cause damage to my downstairs neighbor's ceiling. I restate that this was NOT a substantial amount of water. I think it's clear that the construction of my floor is conducive to water leakage, and I think it's also reasonable to assume that of all rooms in an apartment, the landlord would ensure that leakage is LEAST LIKELY in the bathroom, where the floor is wet ALL THE TIME.

    How can it be reasonable for me to live in an apartment expecting that should I spill water anywhere, I may be accepting responsibility for damage to the floor below me? Should I not reasonably expect that the landlord would have maintained the apartment such that spilling water on the floor anywhere would not have repercussions outside of the apartment?

    Could someone please help me judge my legal standing here? If I am truly in the wrong, I will certainly pay for the damage. But I don't think a rational, well-informed person would, in signing an apartment lease, be implicitly accepting that spilling a "normal" amount of water on the ground entails a high risk of responsibility for damage to my downstairs neighbor's ceiling.

    Of note is the fact that there is zero noticeable damage, mold, or "holes in the floor" in my bathroom.

    Thanks much!

    Calvin

  2. #2
    Join Date
    Dec 2012
    Posts
    1,026

    Default Re: Unique Water Leakage Case into My Neighbor's Apartment - Landlord Responsible

    Let's understand this.....

    While you're taking a shower your house cleaners sneak in and place your shower curtain outside the tub causing the equivalent of a bucket full of water to spill across the floor (which you assume is a "small" amount of water), leak through the floor into the downstairs apartment, ruining the ceiling and requiring a repair and you have great difficulty understanding why you might possibly be responsible for all of this.

    Have we got that about right?

    Since you appear to believe that your bathroom floor is wet ALL THE TIME you should rent only basement apartments where you can slosh around in the bathroom to your hearts content without the fear of flooding any apartments below you.

    In the meantime, you owe for the damage you did from not properly keeping your shower curtain IN the tub while taking a shower.

    You did not spill either a "small" or a "normal" amount of water; you yourself state the amount was a "bucket" full of water.

    Fill a bucket full of water and pour it into your bathrub to see the amount of water you are talking about here.

    You can certainly ask the landlord to seal the floor of your bathroom and caulk the edges since you appear to lack the ability to learn to keep your shower curtain inside the tub while taking a shower. This should help prevent further headaches for your landlord and your neighbors.

    Gail

  3. #3
    Join Date
    Jan 2008
    Location
    Toledo, OH
    Posts
    16,307

    Default Re: Unique Water Leakage Case into My Neighbor's Apartment - Landlord Responsible

    I recognize that my ignorance (don't want to use the "n-word" here) caused water to spill onto my floor.
    No, the word you're looking for is, in fact, negligence. Who in the world doesn't check to make sure they've put the shower curtain inside the tub before they start the shower? Sorry, no, it's not your housekeeper's fault.

    I restate that this was NOT a substantial amount of water.
    A bucket full of water is actually a pretty substantial amount, and it's not surprising that it leaked below. The same would likely happen if your toilet overflowed.

    Could someone please help me judge my legal standing here?
    Depends. What EXACTLY does the lease say about responsibility for repairs? It's not uncommon for renters to be held responsible for repairs which need they've caused.

    1. Sponsored Links
       

Similar Threads

  1. Condo & Co-Op Repair and Maintenance: Who is Responsible for Landscaping, Power and Water in a Vacant Home
    By shane1234 in forum Real Estate Ownership and Title
    Replies: 6
    Last Post: 07-30-2012, 05:26 AM
  2. Condo & Co-Op Repair and Maintenance: Who is Responsible for Water Damage From a Rented Condo
    By TJ2907 in forum Real Estate Ownership and Title
    Replies: 1
    Last Post: 11-04-2011, 03:49 PM
  3. Am I Responsible for Water Bill Account Change
    By landlordga in forum Landlord-Tenant Law
    Replies: 1
    Last Post: 09-26-2010, 07:55 PM
  4. Who's Responsible for a Water Leak into a Lower Unit
    By Tiglet in forum Real Estate Ownership and Title
    Replies: 8
    Last Post: 04-04-2010, 08:04 PM
  5. Moving Out: Turned Electricity Off and Caused Water Damage - Am I Responsible
    By alawisious in forum Landlord-Tenant Law
    Replies: 6
    Last Post: 08-08-2009, 09:29 AM
 
 
Sponsored Links

Legal Help, Information and Resources