In a rental how do you determine ifthe tenant or the landlord is responsible a repair?
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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 12 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.
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