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Posted by
Zhaoqi Li

Who is responsible for water damage?

Landlord bought a rental property, fully inspected, and everything was fine. After about 2 months or so, first tenant moved in. First day using shower, tenants reported to landlord side that main drain was clogged, Waste water backed up into tub and shower, and floor, which caused some water damage of floors and walls. In this instance, who should be responsible for the water damage? Tenants or landlord? Tenants argue it’s their first day in the house, they got nothing to do with it. Landlord argued that house was checked out fine during inspection, therefore, it must be tenants who did something that caused the main drain to be clogged. Landlord wants to held tenants responsible for the damage, and deducts the monetary damage from tenants’ deposit. Any advice to solve this myth? Thank you so much.

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REALTORS®
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Who is responsible for water damage?

By Zhaoqi Li   
Posted on Jan 19, 2022 in Topic: Realtor Only
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Landlord bought a rental property, fully inspected, and everything was fine. After about 2 months or so, first tenant moved in. First day using shower, tenants reported to landlord side that main drain was clogged, Waste water backed up into tub and shower, and floor, which caused some water damage of floors and walls. In this instance, who should be responsible for the water damage? Tenants or landlord? Tenants argue it’s their first day in the house, they got nothing to do with it. Landlord argued that house was checked out fine during inspection, therefore, it must be tenants who did something that caused the main drain to be clogged. Landlord wants to held tenants responsible for the damage, and deducts the monetary damage from tenants’ deposit. Any advice to solve this myth? Thank you so much.
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Viewed: 561
Asked by: REALTORS®
Posted: 4 months ago
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Bronze
Alexis Pettway
about 4 months ago
#1 AWARDED - BEST ANSWER
Definitely the landlord in my opinion. I don't think the tenant should not be held liable for major plumbing issues within the first 72 hours of moving in. I give my tenants 72 hours to fill out a form documenting any property damage or issues noticed, so that 1. I can fix them 2. For documentation and 3. So they're not blamed for those issues in the long run. I hope this helps.

Source:


Credit goes to yours truly, from my experience as a landlord!

about 4 months ago
Bronze
Kiriaki Koymarianos
about 4 months ago
If the tenants just moved in it should fall under the owner. The home inspector does not take a shower to really test the whole drainage


about 4 months ago
Bronze
Kristy Stone
about 4 months ago
Sounds like something was not caught in the inspection of this home. Tenant is not going to do something intentional like that the first day that they move in. The landlord is responsible in this case.


about 4 months ago
Bronze
Deoir Thomas
about 4 months ago
If it’s from rain or pipe the Owner or landlord.


about 4 months ago
Silver
Rashonda Smith
about 4 months ago
It is not reasonable to think that the tenant caused the main drain to clog and back up into the home in 1 day. This issue began before the tenant took possession and is the responsibility of the owner.


about 4 months ago
Bronze
Angela Breaux
about 4 months ago
Please review the Texas Property Code 92.052 https://statutes.capitol.texas.gov/Docs/PR/htm/PR.92.htm#92.052. It will explain to you the landlord rights to repair or remedy.


Source:


https://statutes.capitol.texas.gov/Docs/PR/htm/PR.92.htm#92.052


about 4 months ago
Gold
Tracie Benton
about 4 months ago
The owner is responsible, and should use his/her insurance to fix the issue.


about 4 months ago
Diamond
Joe Applewhite
about 4 months ago
Landlord


about 4 months ago
Disclaimer: Answers provided are just opinions and should not be accepted as advice.
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