If a sump pump was unplugged sump pump and damage resulted who’s liable – the landlord or the tenant?

Get Legal Help Today

Compare Quotes From Top Companies and Save

secured lock Secured with SHA-256 Encryption

If a sump pump was unplugged sump pump and damage resulted who’s liable – the landlord or the tenant?

After a hurricane, my tenant called to tell me that the basement of the townhouse they are renting had some flooding. The cause was due to the plug of the sump pump beingonly partially in the socket. Once plugged in, the pump was functional again. I came over and  dropped off a dehumidifier and vac for the tenant to use. Tenant is worried about mold and wants repair/replace carpet. I have told them that this is their responsibility but I would help them find a company to repair and also suggested they look at their rental insurance (yes they have it). They say I am responsible. Seems not to me.

Asked on August 30, 2011 Maryland

Answers:

MD, Member, California Bar / FreeAdvice Contributing Attorney

Answered 12 years ago | Contributor

Here is the problem. You haven't informed us of who caused the sump pump to become unplugged. If you or your agent unplugged or caused the sump pump to unplug, you are ultimately responsible for repair and possible replacement of any damaged items, from carpeting and materials that can get mold to any personal belongings of the tenant himself or herself. If the tenant caused the sump pump to unplug (say he or she unplugged it to plug in some equipment and simply improperly plugged it in) then the tenant is responsible for the damage. If you did not cause the harm and the tenant did, inform the tenant you will gladly repair any materials, but it will be charged to the tenant to pay or you can inform the tenant he or she will have to replace and hire people to replace and repair any items with your oversight and approval of any contractors or service people.


IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although AttorneyPages.com has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.

Get Legal Help Today

Find the right lawyer for your legal issue.

secured lock Secured with SHA-256 Encryption