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The water heater in my apartment broke..... there is

Customer Question
significant water damage. I had...
The water heater in my apartment broke..... there is significant water damage. I had to throw out probably 2000 in personal belongings.
Water also leaked into my apartment under the carpet
It smells musty and the heater vent looks like there is mold on it... if there is damage to the heater I don't want to risk using it
The water heater was replaced.
I have lived here for 7 years as a good tenant. The new manager is hostile. And the new office staff is rude.
Who should pay for my ruined belongings?
I would like the carpet replaced - due to the mold risk.
And the heater checked out
Submitted: 10 months ago.Category: Real Estate Law
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Answered in 6 minutes by:
9/18/2017
Real Estate Lawyer: Barrister, Lawyer replied 10 months ago
Barrister
Barrister, Lawyer
Category: Real Estate Law
Satisfied Customers: 42,562
Experience: 17 years real estate, Realtor. Landlord 26 years
Verified

Hello and welcome! My name is ***** ***** I am a licensed attorney and will try my best to help with your situation. There may be a slight delay in my responses as I type out an answer or reply.

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You may also be offered a phone call, but those don’t come from me and are offered by JustAnswer. If you have requested a phone call with an attorney, your request will post to other experts that do offer this service. When another attorney accepts your request you will get additional instructions.

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The landlord is responsible for maintaining the dwelling and if he was negligent in checking on the water heater regularly and replacing it before it failed, then he is liable for all your damages. If the water damaged your personal property, then you can sue the landlord for the depreciated value of the property.

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If he has insurance, then they should kick in to pay you for your losses, if not, then the landlord is personally liable.

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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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thanks

Barrister

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Customer reply replied 10 months ago
Thanks
How about replacing the carpet and checking the heater or mold abatement if needed
Real Estate Lawyer: Barrister, Lawyer replied 10 months ago

If the carpet was saturated and wasn't properly dried out, it could start mold growth and the landlord would then be obligated to remove it and replace it. And part of remediating any water damage is checking out all systems that might have been damaged and completely remediating any mold.

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The problem is that water doesn't automatically mean mold. If this was a one time incident and it was cleaned up and dried out, it is unlikely that mold would grow as it needs a continual source of water to grow. So you would need to get proof of any mold before you could demand complete mold remediation.. So you might want to get one of the consumer test kits and test for mold so you have something to use as proof when you demand that the landlord take action to remediate any potential mold issues.

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thanks

Barrister

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Real Estate Lawyer: Barrister, Lawyer replied 10 months ago

Hello again,

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I just wanted to touch base with you and check in.

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Did you have any further questions I can help with?

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Thanks much

Barrister

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