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Students left windows open over break, pipes froze and burst and caused flood. What should I do?

I'm new to being a home owner and I have a rental company managing my student rental apartment. Who is responsible for the flood?

I have the house being assessed, but regardless if they send me a fat check to fix the place, I'm going to have to put the students up in a hotel or something.

Should I be responsible for all of those costs?

Will the students below blame me or the students above that caused the leak? Or the rental company?

If this is a common scenario, what would I most likely be looking at as far as expenses go?

Thanks to whomever can give me any insight on any of these questions/concerns

4 Answers

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  • 7 years ago
    Favorite Answer

    You need to sit down with a local attorney and learn your rights and responsibilities.

    You aren't responsible for this condition, so why should you be responsible for putting ANY tenants up in a hotel? They should have renter's insurance for that (which they likely don't have, but ignorance is no excuse) and it would provide coverage for damaged property, additional living expenses and liability (if necessary). Do not, under any circumstances, agree to pay for anyone's alternative living expense.

    Can you prove the window was left open for an extended period of time by the tenant? Unless you can prove they left it open (which is actually going to be pretty tough without their admission), you likely have no recourse for those damages. However, your property insurance company will not simply pay the claim for damages and let any responsible party go. Your insurance company will attempt to subrogate (sue the responsible party) if they think they can win. Honestly though, I don't see you winning this argument.

    The only thing you should pay out of pocket is your property deductible (if putting in a claim) or pay for the damages to the building only. You aren't responsible for that ruined couch in the apartment below. Also, be careful about the term flood, which is well defined in the insurance industry...this is not a flood.

    This is a surprisingly common scenario, you are not responsible for much here. Just fix the building in a timely fashion and get ready to take your tenants to court when they refuse (unjustly) to pay their rent.

  • 7 years ago

    The renters are responsible. Your insurance company will pay for the damages. I am sure the students will find another place to stay.

    You are entitled to keep the security deposit. Have the Rental company call the students and let them know they are financially responsible for the damages. That is why you have a rental agent. They should handle everything for you.

  • 7 years ago

    As a landlord, you should join your local apartment owners association. They can provide you with rental and lease agreements to cover these types of situations. Going it alone come with risks. Talk to your homeowners insurance agent. I hope you purchased rental insurance, otherwise your claim could be denied.

  • 7 years ago

    They were negligent - their actions directly caused the problem. Charge them for the repairs and the hotel bills.

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