Release of Liability

[lawquest]

What is the name of your state (only U.S. law)? CA

I'm a renter on the 1st floor of a 3 story condominium building that has had several ongoing issues with the plumbing. There have been several leaks, plugged drains, burst pipes, sink overflows, etc.

A short time ago, a second floor pipe burst while the tenant was away and it caused severe water damage in the unit next to mine. The water damage was considerable and the downstairs owner sued the upstairs tenant for the price of the damages.

I always thought that the Home Owner's Association (or the landlord) would be responsible for maintenance and that they would be responsible for the repairs, but It's my understanding that that's not the case here. The woman wasn't negligent, it was just that a pipe started leaking in her unit when she was away at work.

I'm getting ready to renew my lease and I'm considering moving out.

I do have renters insurance, but if I stay, how could I limit my liability? Could I ask my landlord to include a release of liability for water damage? What should I ask of him that would hold up in court and remove or reduce my liability for water damage cause by the poor condition of the plumbing?

Thanks

 

[justalayman]

a landlord cannot release you from liability to third parties. A smart landlord will not even consider indemnifying you for any negligent acts on your part. That is why you purchase liability insurance.

A short time ago, a second floor pipe burst while the tenant was away and it caused severe water damage in the unit next to mine. The water damage was considerable and the downstairs owner sued the upstairs tenant for the price of the damages.

I would have to guess the upstairs neighbor was proven to be negligent in some way if the downstairs neighbor prevailed in the suit.

I always thought that the Home Owner's Association (or the landlord) would be responsible for maintenance and that they would be responsible for the repairs,

the HOA is not responsible for individual elements of a condo. The individual owners are or, if applicable and they are negligent, the tenant.



Your liability would be due to your negligence. If you are not negligent, you do not become liable. That means, you give the landlord formal written notice of every plumbing issue you become aware of during your tenancy. It is the landlords obligation to maintain the premises (individual elements) but if you fail to inform him of the problem, it is then your action that causes him to not be aware of the need for repair and as such, causes you to be liable for the damages due to your negligence.

 

[kmiecikm]

Here's a story for consideration it has to do with your issue.
My mom lives in a condo and pays HOA fees. One day she noticed it was her wood floor squished whenever she stepped on it ( this is effecting a single room) a pipe inside a wall that was not a pipe that supplied water to her unit had burst. She called HOA, they investigated, it was technically there fault. ( water had been reported earlier and the HOA did nothing about it ( it was outside ) this water damage in my moms unit caused severe damage and it had been going on for so long that mold was now present. HOA has to pay rox my moms unit, including removal of mold and a new floor. ( it two two weeks to dry the place out and she's still waiting or her new floor this happened a year ago.

Point is if the pipe that burst was in someone else's unit but caused Damage to another persons unit then the other person whose unit got damaged can not be held responsible however the person who was away when the pipe bust in their unit can be held responsible as it was not reported that there was a leak to to the landlord. The landlord can not go after other tenants who were affected by said persons pipe bursting as there is no way they could have possibly known it would happen. However make sure you report any issues and get In writing that said report was made.

 

[lawquest]

ok - Thanks for the replies.