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  1. #1
    Join Date
    Jun 2015
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    3

    Default Can a Tenant be Held Responsible for Damage from an Unreported Water Leak

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

    We live in an old apartment complex that is managed by a big management company. The maintenance and the office staff are generally fairly helpful, if a little clueless. We have lived here for 6 years, but only in the last year or so have they bothered to call before coming out, which means only recently have I been able to regularly let them in to do maintenance work as everyone who lives here works, and I'm the only one that's often here during the day, and I sleep with a CPAP machine, which makes my hearing close to nil.

    We have a situation where water leaks into our second bedroom walk-in closet. Over the years, they have been made aware, and they have come out, "fixed the problem", tore out the ceiling, put in a wooden board, and painted over it. Then it leaks again. We've been through this three times. The last time I personally stuck my head in there, it was starting to leak again, though only a tiny bit, not more than what the complex has already said they are comfortable ignoring and letting dry in other areas of the apartment.

    The person who would generally use that closet has decided to just ignore the problem, leaving the door closed and not storing anything in it. My question is this - if we move, and there's damage in there, is that on us, even though they've been made aware of the problem multiple times? If they do decide to come after us for money after we've moved, can they put it on our credit, or do they have to take us to court?

    Thank you for any insight. The TAA has been, predictably, useless in finding this info.

  2. #2
    Join Date
    Mar 2013
    Posts
    18,340

    Default Re: Repeating Water Leak in Closet -- on the Hook for $ if We Ignore After Repair Atm

    Quote Quoting atxferret
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    We have a situation where water leaks into our second bedroom walk-in closet. Over the years, they have been made aware, and they have come out, "fixed the problem", tore out the ceiling, put in a wooden board, and painted over it. Then it leaks again. We've been through this three times. The last time I personally stuck my head in there, it was starting to leak again, though only a tiny bit, not more than what the complex has already said they are comfortable ignoring and letting dry in other areas of the apartment.

    The person who would generally use that closet has decided to just ignore the problem, leaving the door closed and not storing anything in it.
    I don't understand that last part. Is this some kind of a roommate situation?

    Quote Quoting atxferret
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    My question is this - if we move, and there's damage in there, is that on us, even though they've been made aware of the problem multiple times?
    Shouldn't be on you but I hope you have been notifying the management company in writing each time and keeping copies and photos in your permanent file. If you haven't done that in the past, I strongly suggest you start doing that now.

    Quote Quoting atxferret
    View Post
    If they do decide to come after us for money after we've moved, can they put it on our credit, or do they have to take us to court?
    Theoretically, what they CAN do is charge you for the repairs and apply your security deposit. If the repairs cost more than the security deposit they can send you a bill. If you don't pay it they don't necessarily have to sue you to put a delinquency on your credit but they can sue you and can put that on your credit, too, if they win. If they wrongfully apply it to your security deposit you can sue in small claims court to get it back.

    Best advice I can give you is document everything with written notices and photos of the ongoing condition and any time that repairs are made.

    Generally, while something or other CAN be done, it's often unlikely that it WILL be done.

  3. #3
    Join Date
    Jan 2006
    Posts
    38,867

    Default Re: Repeating Water Leak in Closet -- on the Hook for $ if We Ignore After Repair Atm

    failing to report known issues can result in the tenant being charged for the resulting damage.

    Think about it this way;

    the landlord does not live there. They make repairs when the tenant reports an issue. Why would the tenant not be liable for damages where they know there is an issue but simply refuse to report it allowing the premises to be damaged?

    so, what you do is make regular reports of anything that appears to be an issue. Keep copies. If the landlord fails to repair the issue, then it is on them and you are not liable. Even though this is ongoing, I would still make regular reports of the situation to the landlord.

  4. #4
    Join Date
    Jun 2015
    Posts
    3

    Default Re: Repeating Water Leak in Closet -- on the Hook for $ if We Ignore After Repair Atm

    Quote Quoting jk
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    failing to report known issues can result in the tenant being charged for the resulting damage.

    Think about it this way;

    the landlord does not live there. They make repairs when the tenant reports an issue. Why would the tenant not be liable for damages where they know there is an issue but simply refuse to report it allowing the premises to be damaged?

    so, what you do is make regular reports of anything that appears to be an issue. Keep copies. If the landlord fails to repair the issue, then it is on them and you are not liable. Even though this is ongoing, I would still make regular reports of the situation to the landlord.
    And they get to repeatedly disrupt our lives, tearing out most of a room over and over again, to not fix an issue? Last time they came, they tried to fix the drywall before fixing the leak...while it was raining outside.

  5. #5
    Join Date
    Jan 2006
    Posts
    38,867

    Default Re: Repeating Water Leak in Closet -- on the Hook for $ if We Ignore After Repair Atm

    Ok and?

    bottom line; if you fail to report a known situation that you believe may be causing damage, you can be held liable for the damage due to your failure to report the issue. As to the rest; of course there are limits to how much they can disrupt your life but that is a seperate matter.

  6. #6
    Join Date
    Mar 2013
    Posts
    18,340

    Default Re: Repeating Water Leak in Closet -- on the Hook for $ if We Ignore After Repair Atm

    Quote Quoting atxferret
    View Post
    And they get to repeatedly disrupt our lives, tearing out most of a room over and over again, to not fix an issue? Last time they came, they tried to fix the drywall before fixing the leak...while it was raining outside.
    You have the option of moving when your current lease expires.

  7. #7
    Join Date
    Jun 2015
    Posts
    3

    Default Re: Repeating Water Leak in Closet -- on the Hook for $ if We Ignore After Repair Atm

    Quote Quoting adjusterjack
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    You have the option of moving when your current lease expires.
    If only it were that simple.

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