Who's Responsible for Water Damage: Tenants or Landlords?

Landlords and tenants need each other. Landlords invest in properties because tenants need a place to live. Without tenants, there would be no landlords. And without landlords, tenants would have no place to live.

Yet the relationship between landlords and tenants is often filled with mutual distrust and conflict. Each side is always on the lookout to avoid being cheated by the other.

And one of the major areas where landlords and tenants disagree is over who should be responsible for water damage to the home. Should it be the owner of the property or the person who lives in it?

On one hand, the landlord owns the property and earns rent from the tenant. On the other hand, the tenant lives in the home and their use of the property is likely to be the cause of the water damage.

Given that both sides are somewhat right in their claims, how should the issue be resolved? How can responsibility for water damaged in a rental property be assigned? Are there guidelines that solve the problem in a way that is fair to both landlords and tenants?

Fortunately, there is. In this article, T-Square Real Estate Services discusses the best way to handle responsibility for water damage in a rental home.

Landlord’s responsibilities

Landlords' responsibilities are in three areas:

The landlords must provide a habitable home
The landlord must maintain the home in a habitable state
The landlord must respond to emergencies that threaten the habitability of the home.

First, the principle of implied warranty of habitability is a rule that operates in the landlord-tenant relationship. It means that by renting out the home to tenants, a landlord is guaranteeing to the tenants that the property is in a livable condition.

Part of what makes a home livable is adequate plumbing and sanitation. Before a tenant moves into the home, the landlord must ensure that its plumbing and sanitation are working to the tenant's satisfaction. This is the basis for the tenant renting the property.

Second, the landlord must keep the home in a livable state by maintaining its plumbing and sanitary systems efficiently. To maintain the systems, the landlord must effect repairs when necessary, replace worn out parts, and ensure the systems are up to the municipality's codes.

Third, as part of their responsibility to keep the home in a livable state, landlords must respond with promptness to all water emergencies that are reported by tenants. Emergencies are unforeseen events that have the ability to threaten the home's habitability.

Examples of water emergencies in the home include:

Burst and leaking pipes
Leaking faucets and toilets
Clogged drains
Leaking roof, windows, siding, or doors
Water seepage inside walls
And, any water problem that threatens the comfort and health of tenants

Based on the above, it is clear that the responsibility for water damage in a rental principally rests with the owner. But the landlord is responsible for most, if not all water damage issues in the property. Tenants also have their own share of the responsibilities.

Tenant's responsibilities

Tenants' responsibilities are also in three areas:

Tenants have a responsibility to protect the owner's property
Tenants have a responsibility to report problems as soon as they occur
Tenants have a responsibility to minimize damage during water emergencies

Tenants must ensure the home remains as habitable as it was at tenant move-in. They do this through the responsible use of the landlord's property. Any water damage that occurs as a result of the tenant's negligence or willful act is the tenant's responsibility.

For instance, if the drain becomes clogged because a tenant throws garbage in the sink or flushes things down the toilet, the landlord will fix the damage, but the tenant will pay for it. The same applies if water pipes freeze and burst because a tenant fails to set the right winter temperature.

Second, it is the tenant's responsibility to report all water damage to the landlord as soon as they happen. This is regardless of the cause of the damage. Since tenants are the ones in close proximity to the property, they are in the best position to detect problems.

Third, it is the tenant's responsibility to minimize the extent of damage to the home when they discover a water problem. For example, when a pipe bursts, the tenant must shut-off the control valve to stop the flow of water. Or if a toilet is blocked, the tenant must stop using it.

Also, tenants are responsible for securing their own property from water damage. If there is a leak in the home, the tenant must take their personal belongings out of the water's way. If they fail to do this, the landlord will fix the leak but not the tenant's property.

These are the rules guiding the assignment of responsibility for water damage in a rental property. For the best outcomes with these guidelines, they should be included in the lease agreement and fully discussed at the start of the lease.

If you are experiencing any water damage in your home, call Affordable Restoration today and our IICRC certified experts will be there to help!