Who is Responsible for Water Damage, Tenant or Landlord?
Updated: Jun 7, 2022
Negotiating Between Whether A Landlord Or A Tenant Is Responsible For Water Damage Can Be Made Easier With These Points And Tips.
When it comes to water damage in rentals, one of the trickiest debates is deciding who is responsible for the damage, and who will have to pay. Yes, the landlord owns the building, but the tenant is the one who lives and resides there. In typical situations, both parties will want to switch the blame to the other to avoid the financial costs that come along with recovering from water damage. Here are a few points to keep in mind while trying to negotiate.
Situations Where the Landlord is Responsible
A landlord’s duty is to provide a clean, safe living environment for their tenants. A part of this includes keeping up with maintenance and state-wide laws, including plumbing. When tenants move out, landlords are required to assess the home and keep up with any maintenance issues that would become a problem for future tenants. They are also required to provide plumbing services for emergency events, and natural wear and tear. Signs that a landlord will be responsible for the damage include:
Burst pipes
Blocked drains
Sewage backup
Damage from storms
Situations Where the Tenant is Responsible
A tenant’s duty is to respect the residence they live in, so it is livable for the next tenant who will come after them. When they are negligent and misuse the home provided to them, they are at fault and will have to pay either a fine or cover the damage the water has caused. Instances in which a tenant has been neglectful and is at fault include:
Flushing non-flushable items down the toilet
Forgetting to turn off faucets, or letting them drip
Purposefully disobeying rules set up by the landlord to protect the pipes and water system, such as leaving doors ajar, or failing to set recommended temperatures
Seeing evidence of water damage and failing to notify the landlord on time
Leases and individual agreements may cause these points to change, which is why it’s important to keep a copy of your lease. Water damage is never an enjoyable talk to have, but hopefully, these tips are able to help you discern who might be at fault.
If you are responsible for the restoration of water damage in your property or rental, give our team of experts at Quick Restore of Oregon a call today! We are available 24/7 for emergency services and proudly serve Albany, Salem, Eugene, and the surrounding communities.