If There Is Water Damage in Your Apartment, Who Is Responsible?

8/15/2022 (Permalink)

Unfortunately, water damage is a problem that affects renters far too often. The question renters often face is, who is responsible for water damage in your apartment: you or your landlord? As you’ll soon see, the answer depends on the particular water damage scenario.

We’ll walk you through some of the more common scenarios, so you can understand who would be held responsible in each case. If you have any questions, reach out to us at SERVPRO of Western Lancaster County.

Renter’s Insurance

If you rent an apartment, there’s a good chance your landlord has required you to obtain and maintain renter’s insurance. This insurance protects a renter’s private belongings—furniture, clothing, jewelry, electronics, and more—in the event of any disaster, such as flooding.

The reason this is often a requirement is because landlords are not held liable for the water damage restoration of a tenant’s personal possessions. In effect, that means most landlords will not cover the expenses of cleaning or replacing your furniture, etc., after it has been subject to water damage.

Even if your landlord does not require it, renter’s insurance is a smart move for protecting your investment in your personal property and belongings.

Water Damage: What a Landlord Will Cover

Aside from your personal possessions, a landlord will cover most other damages to the property. In most cases of flooding or severe water damage, you can expect your landlord to take care of water damage restoration and repair services, such as:

• Suctioning water out of the premises
• Cleaning and replacing the carpets and/or flooring
• Dehumidifying and drying the rooms
• Mold remediation and removal services

The landlord is responsible for providing a hospitable living space. That means any water damage that has affected the property that ISN’T due to the tenant’s negligence is the landlord’s responsibility.

For instance, if the plumbing system needed repair and the landlord neglected it, they will be held responsible if a burst pipe causes water damage to the living space.

Landlord Not Responsible for Tenant’s Acts of Negligence

Some acts of flooding are not due to natural disasters or the landlord’s negligence. Rather, they are the result of the tenant’s negligence, and a landlord will not be held responsible in these cases.

For instance, if a renter forgets to turn off the bathtub faucet, they—and not the landlord—will be held responsible for any water damage to the property that results from this. The same goes for flushing items down the toilet that shouldn’t go there (like food packaging). Sooner or later, a water emergency is inevitable, but again, the landlord is not responsible for damages in these cases.

Obviously, not every instance of water damage is so clear-cut as to whether the landlord or tenant is at fault—and responsible for footing the bill. The best way to minimize disputes over water damage is to:

• Set up a detailed contract. The more detailed your renter’s contract, the more clearly defined each party’s role will be in the event of water damage.
• Have renter’s insurance. Regardless of whether it is required, renter’s insurance will balance out the financial risks to your personal property.
• Alert your landlord immediately if there is water damage. It’s in your best interest not to wait and make sure your landlord is in the know ASAP, no matter who you believe is at fault.

Be Prepared for Apartment Flood Damage

We hope this guide helps you understand who is responsible in the event of water damage in your apartment. To be prepared for water damage, you should take some time to read over your lease contract to better understand the roles of the tenant and the landlord.

Have questions? Feel free to contact our water damage remediation and removal experts at SERVPRO of Western Lancaster County for more information.