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barristerinky
barristerinky, Attorney
Category: Landlord-Tenant
Satisfied Customers: 33730
Experience:  Attorney for over 15 years, landlord 26 years
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My tenants just moved out after 1 and 1/2 year and water

Customer Question

my tenants just moved out after 1 and 1/2 year and water damaged was exceed security deposit. My question is:
1. water damaged both 2 bath rooms due to faucet's faulty and toilet leaking but they never call me. I asked them why? she just said "It's nice not to bother landlord" and one time her husband tried to fix it by himself but not working.
2. I sued them and the judge said water damaged not cause by them.. so he dismissed it. Just reward me for cleaning and painting. I appeal of course and I want to get professional advice from you. Thank you.
Joseph Vo
Submitted: 1 year ago.
Category: Landlord-Tenant
Expert:  barristerinky replied 1 year ago.

Hello and welcome! My name is ***** ***** I will try my level best to help with your situation or get you to someone who can.

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Unfortunately, from a purely legal perspective, if it was defective fixtures that caused the water damage, then that wouldn't be the responsibility of the tenant. The landlord has a duty to periodically inspect their property or at least inquire of the tenant if there are any problems that they need to address. So I would have to agree with the judge that the tenant had no affirmative duty to notify you about problems unless it is specifically spelled out in their lease that they have to do so.

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As an aside, in addition to being an attorney, I have also been a landlord for over 26 years...

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I am very sorry that I don’t have better news, but please understand that I do have an ethical and professional obligation to provide customers with legally correct answers based on my knowledge and experience, even when I know the answer doesn’t make the customer happy...

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thanks

Barrister

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