Does Your Landlord Owe You Money for Water Damage?

Have you in your rental? It is important to know where you stand with your landlord in the event your rental becomes flooded or otherwise damaged due to water.

Laws that clarify “liability” -the legal responsibility to pay for water damage - can be complicated and confusing at best. Let's look at liability issues at water-damaged rental properties, and what you can do as a tenant to recover any money that is owed to you as a direct result of water damage.

Liability for Water Damage

As a general rule, for any water damage in their rental units caused by floods or caused by broken or leaking pipes. Maintaining the plumbing system of a rental property always falls on the shoulders of the landlord, unless you have some unique arrangement with your landlord in a lease that states otherwise.

Your landlord is also responsible to pay for water damage caused by storms, hurricanes, or another significant weather event.

Water damage laws vary from state to state and in some cases can be directly tied to a circumstance caused by the tenant, which then holds them responsible for water damage. That’s where things get complicated.

It is rare, but not inconceivable, for the tenant to pay for water damage due to neglect on his or her part. Tenants have responsibilities, too. They must report storm damage or broken pipes to the landlord right away.

Tenant vs. Landlord Liability

Landlord is Responsible for Water Damage	If the damage is due to structural problems, like a leaking roof or windows After most weather events or natural disasters
Tenant is Responsible for Water Damage	When leaking pipes are not promptly reported to the landlord When visible water stains indicate a leak somewhere, but they go unnoticed When a tenant fails to report flood damage, and it leads to mold

Again, it’s rare that a tenant would be held responsible for water damage, but not impossible.

Immediately Following the Water Damage Event

A landlord's best interest should lie in how quickly they respond to the water damage. They should quickly address the situation and make the needed repairs to get their tenants back in their home without any water damage still present that could lead to mold.

That said, it is hardly ever the landlord's responsibility to pay for any property lost by the tenant due to water damage.

The tenant is held responsible for keeping and maintaining an insurance policy, specifically renters insurance, to replace any personal property lost due to water damage. A tenant is responsible for his or her items, and it is up to the renter insurance policy provider to replace any items lost due to water damage and to remove the items that cannot be salvaged.

These policies are a very cost-effective way to get peace of mind during events like the one causing the water damage.

Pursuing Your Landlord for Water Damage

If the water damage is a result of any naturally occurring weather event, your landlord is responsible for any damages as they pertain to his rental property.

But what would you need to do if the water damage to your personal property is a result of the landlord not taking action to make any repairs or cleanup? Your renter's insurance is in place to protect your property. But in this case, the negligence of your landlord is the root cause.

DoNotPay has a solution to this issue, and we are going to show you how right now!

How to Use DoNotPay if Your Landlord Owes You Money Due to Water Damage

DoNotPay was designed to level the playing field and make issues like this a fast and easy solution with very little effort required on your end. If you feel your rights have not been fully met in this water damage case, let DoNotPay show you the fast and easy way.

DoNotPay is here to guide you through it and file your disputes on your behalf. Our Landlord Protection product can help you:

Get back your security deposits
Learn about your state's eviction laws and what protections apply in your case
Resolve disputes regarding repairs with your landlord
Resolve disputes with roommates by filing demand letters or going through small claims court
Break your lease early

If you are ready to pursue your landlord, DoNotPay can handle sending the right demand letter on your behalf to get the results that you are entitled to.

Look at how easy it is to use the DoNotPay Landlord Protection product to your advantage!

Search for and open the Landlord Protection product on DoNotPay.
Select which issue applies to you.
Answer a simple set of questions so our chatbot can collect the necessary information to create your demand letter.
Choose whether you want DoNotPay to send the demand letter to your landlord or roommate on your behalf. If you already tried sending a demand letter and it didn't work, we can help you start the small claims court process.

And that's it! You should hear back from your landlord directly once your demands are sent.

What Else Can DoNotPay Help Me With?

DoNotPay is the FAST, EASY, and SUCCESSFUL way to handle any issue you might be up against with your landlord. Just take a look at these other landlord related-issues you can navigate through by using the team at DoNotPay!

Try it today!