Responsibility after water damage................. (tenants, insurance, condominium, landlords)

[PACKMAN1]

Hi,
One of my rental properties on the second floor had some minor drywall water damage due to a leaking dishwasher on the top floor. The landlord fixed the dishwasher upstairs.

Question: is it the responsibility of the upstairs owner to fix my ceiling/drywall? or is it my responsibility (ie. my home owners insurance)?

[mathjak107]

unless negligence is involved you are each responsible for your own damage . but the dry wall should be the landlords responsibility. any personal damage should be yours.

when there is no negligence involved the damages are shared by all party's usually.

[Smooth23]

Water damage from a leaking appliance which would be maintained by the landlord... this is all on the landlord. Probably even any damage done to the tenants personal property. Consult your homeowners insurance.

[bbronston]

You said this was one of your rental properties but you also mentioned a landlord above you. Is this a condominium and are you the owner/landlord of this property? If so, the association is probably responsible for any damage and mold growth within the walls and ceilings including the drywall. You or your insurance would then pay for everything else (texture, paint, etc.)

[mathjak107]

Originally Posted by Smooth23

Water damage from a leaking appliance which would be maintained by the landlord... this is all on the landlord. Probably even any damage done to the tenants personal property. Consult your homeowners insurance.

courts are up in the air on where the landlords responsibility ends in regards to personal property depending on locality ,

courts in our state have up held unless negligence is involved the landlord is not responsible for personal effects from normal wear and tear on things..

in fact my son had a leak on the pipe where it came out of the wall and connected to a sink in his co-op .

there was severe water damage to the apartments below.

when my sons insurer said since no negligence was involved they would not pay for the damages the 2 parties sued for their personal damage. court dismissed it since the pipe rotted on the inside and was not a result of work done by my son or negligence.

same would apply to a landlord or owner. they are only responsible for building damages , not personal damages .