Water Leaks and Mold (apartment, renters, house, record)

[PannQQ]

So, I'll give the quick version....

We are in the process of looking for new renters and while the house was vacant, the ice maker water line started to leak. It traveled underneath a shared wall to a neighboring unit, who noticed the leak and called us to shut the water off.

There was no permanent damage done to any items or carpet, but we called a water restoration company to come check the moisture levels so we could rule out mold problems. They recommended popping the baseboards off and drying everything off and everything would take about a day and 500 dollars to fix. In an attempt to be a good neighbor and since the water came from out apartment, we decided to pay for the drying team to come in and take care of all of it.

Once they popped the baseboards off, there was quite a bit of mold already there and the price jumped from $500 to $2000+. We spoke to our insurance company and they will not cover the damages, but our neighbor's policy will. Also the HoA policy will cover it, but they have a 10,000 dollar deductible which they say we will have to pay if they get involved.

I have the following questions:

1. If my neighbor uses her policy, will her insurance company be able to try and recoup the money from me?
2. Am I legally liable for this mold issue, even though I was not negligent and the leak occurred over a 2 day period in a vacant house
3. Since the water traveled through and all the damage occurred in the 'common' area between the walls of the two units, does the HoA have the right to have me pay the deductible?

Thanks!
EJ

[STT Resident]

Originally Posted by PannQQ

I have the following questions:

1. If my neighbor uses her policy, will her insurance company be able to try and recoup the money from me?
2. Am I legally liable for this mold issue, even though I was not negligent and the leak occurred over a 2 day period in a vacant house
3. Since the water traveled through and all the damage occurred in the 'common' area between the walls of the two units, does the HoA have the right to have me pay the deductible?

Thanks!
EJ

1. More than likely.
2. Yes, you're the property owner.
3. Yes.

Sorry, but I think you're stuck on this one! But I'd certainly question the $2000 price jumping from $500. If the mold was only there for a short time and only caused by this one leaking incident, it can be cleaned off easily enough and, once dry, the baseboards quickly replaced.

[Ultrarunner]

Many policies have mold exclusions...

Perhaps your umbrella liability will kick in if the other company sues and wins.

I have removed the ice-makers from all units in a building I managed... way too much trouble all around... leaks, ice smells funny, water line damage etc.

[PannQQ]

Yeah, got word from all involved parties yesterday. I pretty much have to pay everything.

The problem is that my neighbor is an elderly woman who already has a number of health problems, so I am essentially being forced to have a super mold team come and rip out a bunch of stuff for nothing, b/c we are really worried about being sued in the event she dies or her health deteriorates even more.

We live in south Louisiana so every baseboard has mold behind it, I am just the unlucky owner getting to fix 30 years of issues on a property I have owned for 5.

The good thing is that it is not widespread so far and everything will be wrapped up today. Just some sheet-rock replacement on both sides.

Thanks for the help!!

[CptnRn]

Originally Posted by PannQQ

Once they popped the baseboards off, there was quite a bit of mold already there and the price jumped from $500 to $2000+. We spoke to our insurance company and they will not cover the damages, but our neighbor's policy will. Also the HoA policy will cover it, but they have a 10,000 dollar deductible which they say we will have to pay if they get involved.

Since the HOA policy deductible is $10,000 and the cost of repairs is only $2,000, that means the HOA is not going to pay anything, as the cost has not exceeded the deductible. No one pays a $10,000 deductible in order to collect $2,000 in damages.

If the icemaker line leaked on your side of the wall, and ran into the wall and the neighbors unit, then you and your insurance company are responsible for the damages. I don't understand why your insurance company thinks they are not responsible. Your neighbor and the condo association probably have no responsibility for this.

If the leak happened inside of a common wall between your unit and your neighbors, then it could be the condo's responsibility, depending on what your covenants say.

This is not really a renting forum topic, sounds like a condo home owners issue.

[STT Resident]

Originally Posted by CptnRn

Since the HOA policy deductible is $10,000 and the cost of repairs is only $2,000, that means the HOA is not going to pay anything

See his last post - a done deal.

[CptnRn]

Originally Posted by STT Resident

See his last post - a done deal.

And yet somehow my advice is still appropriate to the original post and useful to anyone having a similar problem. You respond every day to old posts, why do you object so much when someone else does so? Are you entitled to some special privileges that we don't know about?

[STT Resident]

Originally Posted by CptnRn

And yet somehow my advice is still appropriate to the original post and useful to anyone having a similar problem. You respond every day to old posts, why do you object so much when someone else does so? Are you entitled to some special privileges that we don't know about?

No need to get your knickers in a twist - it was mentioned as it seemed you hadn't noticed. No insult or anything else was remotely intended. Just for the record and since you brought it up, I don't think I've ever responded to an old post although I often respond to a new query that someone has tagged on to an old thread and always quote that to which I'm responding in order to save any confusion.