Tenant vs Landlord - Who should pay for water damage to neighbor from defrosting refrigerator? (apartment)

[muscogee26]

Please advise - My landord sent a repairman to fix a malfunctioning refrigerator that was no longer holding a cold temp. The repairman noted that this was a common problem with the model and instructed me to turn it off for 24 hours to defrost.

I asked what would happen to the defrosted ice and the repairman indicated that any water would be caught by a pan in the unit. I informed my landlord of his instructions and she recommended I do the same. I followed the instructions, left home and returned to a note from my downstairs neighbor indicating that water was leaking into her unit.

I informed the landlord who now says that the damage to the neighbor's unit is due to my negligence and actions, and that I have to file a claim with my renters insurance. I'm confused as to how this could be negligence on my part and how I should move forward.

Any advice would be greatly appreciated.

[Iconographer]

So you have renters insurance. Most condo or apartment policies carry a rather large deductible, so they write it into the lease or covenant that a tenant should carry a supplemental policy. I would check that if I were you.
Frankly, it sounds like the landlord is trying to deflect responsibility. It was his refrigerator wasn't it?

[Brian_M]

Any of this in writing? If you have, in writing (text, email or even a saved voice mail) that the LL recommended you turn off the fridge to de-ice it, then stand firm. If not, well... sorry but the courts will stand on the side of common sense... don't leave a block of ice to melt unattended and think the water won't go "somewhere". It's a hard lesson, learning things via the pocket, but ultimatly it'll be a rather small/cheap one if you remember to get Everything in writing henceforth.