In a rental how do you determine ifthe tenant or the landlord is responsible a repair?

Get Legal Help Today

 Secured with SHA-256 Encryption

In a rental how do you determine ifthe tenant or the landlord is responsible a repair?

We are renting a house and the composite wood flooring has been severely damaged by a water leak. The landlord called a plumber and found it came from a leak in a tube behind our refrigerator. It was the landlords old tubing and not anything to do with our refrigerator. He wants us to foot half the bill on flooring for 2 bedrooms and a hallway. Since it was his old tubing, should we have to pay anything?

Asked on July 9, 2011 under Real Estate Law, California

Answers:

M.T.G., Member, New York Bar / FreeAdvice Contributing Attorney

Answered 10 years ago | Contributor

This is one of those questions that may be hard to give a definitive answer on. When you say "tubing" do you mean that it was the flexible connection to the refrigerator?  And it was there prior to the installation of the refrigerator?  Did the installation damage the tubing in any way?  The first place that you should look is to the lease.  Does it address the issue of damage to the rental or repairs?  Next I need to ask: did you have renters insurance and does he have home owners insurance?  Both of these insurers should be called to inspect the damage and also determine the cause of the leak (you may want a second opinion that can look to give you support for your position or to let you know if your position is not correct).  Once you determine this then you know how to proceed: yes or no.  Good luck. 


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 with SHA-256 Encryption