Water Damage from leak

[Fl_renter]

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

We recently vacated a rental house and our former landlord sent a text today saying we need to pay for repairs to a ceiling due to water damage.

This doesn't have anything to do with his claim but this is what happened. A few months back there was a leak in the Master Bathroom from the toilet. The seal on the tank was bad and needed to be replaced. We called the landlord so that he could come check it. He said the leak was MY fault because there was "slime" in the tank, therefore I must have put something in it. I read this can be caused by the breakdown of parts in the tank, which the landlord said had never been replaced (no need). In any case, when replacing the parts, the bolts were so rusted they broke off in the tank. Yes,there was a leak that was fixed as soon as we were aware of it.

There was previous damage to the ceiling in the same area, you can see where it was patched. The house was built in the 1930's and most of the walls are plaster, not sure what the ceiling is made of.

Are we responsible to pay for repairs to the ceiling from the leak? As I said, there was previous damage to the same area. I don't believe we have any pictures either before or after. We did not inform the landlord by mail of the leak, only by phone.

 

[Fl_renter]

Can you use text messages in court?

 

[Banned_Princess]

Can you use text messages in court?

In Washington? maybe, contact a local real estate lawyer for a consultation.

Sometimes (like in my county of NY) there is a firm of lawyers dedicated to the free representation of poor people.

yours is a difficult case, and really should be discussed with a lawyer in the area.

 

[Searchertwin]

Are we responsible to pay for repairs to the ceiling from the leak?[/B][/I] As I said, there was previous damage to the same area. I don't believe we have any pictures either before or after. We did not inform the landlord by mail of the leak, only by phone

Right now, I would say yes. Because you have no proof of existing damage. No written complaint sent to LL only verbal. Basically, he said, she said situation.

Year of house, what the wall or ceiling is made of, has no bearing. Bolts breaking off in tank, has no bearing. Slime? I never heard of that one to cause a leak. But who knows? I heard and seen things that I couldn't believe would be possible.

 

[Fl_renter]

I am not saying the "slime" caused the leak, just that he SAID the toilet was leaking because there was slime and (in that thinking) said I must have added something to the tank that made the bolts rusty. The tank was leaking due to the seal needing to be replaced, it was old.

If we were still living there, would we be responsible for repairing the damage or would that have been his responsibility? It's been this way since May, when he came to look at the leak.

Do you think offering to pay half the cost is fair? He told my husband that doesn't have an proof that the damage was cause by us.


I could put this question separately but hopefully, someone who knows will read this.
The Washington LL/Tenant law states "Within 14-days after tenant vacates, return the deposit with an itemized accounting for any amount withheld. (Placing the notice in the mail within 14-days is sufficient.) Failure to comply renders the landlord liable for the full amount of the deposit plus attornies fees. Courts may award up to two times the amount of the deposit in certain cases."

If he fails to send us a letter in this timeline, are we liable for his list of damages?

 

[FarmerJ]

Toilet tank parts corrode from just being in water , city water, well water, softened , un softened they corrode. Slime yes seen it many times over the years , doesnt mean the water in the pipes was unsafe , but likely something in the water reacted with air since toilet tanks are not air tight , nothing to do with tenant damage . If you notified the LL of the leak and offer to the court that the LL blamed you for leak and can offer to a court enough proof that you reported the leak and the LL didnt act on it and the court is satisfied with your original notice to the LL then I can see them denying the LLs claim. BTW toilet wax rings and the gaskets between tank and stool fail too just from regular use after many years. You can also argue in court that if you LL feels you damaged it the LL should have split up his concerns and had the original problem repaired at his expense and created documentation that would support his claim that you damaged it and sought payment sooner than just claiming you caused the damage. In court ask the court to decide if the LLs claim is fair.

 

[xylene]

Do you think offering to pay half the cost is fair? He told my husband that doesn't have an proof that the damage was cause by us.

It would be foolish to pay ANY of this.

Tell you landlord you will sue for wrongful withholding of the deposit and to see you in court.

 

[Fl_renter]

Thank you.
As I said, we called him because we thought it was enough of an issue for him to check it out asap. He came out the same day and told my husband to go ahead and replace the part. Neither of us have proof of any contact either way. We paid for the parts and my husband did the work so there's no receipt. I've said it over and over that I want to be fair but I don't want to pay for things that I don't believe to be caused by us (or neglect on our part).

 

[Fl_renter]

It would be foolish to pay ANY of this.

Tell you landlord you will sue for wrongful withholding of the deposit and to see you in court.

We didn't pay a deposit so that part is easy. There's some other issues in another post that I need to work out and decide what we owe for though. This one was serious enough by the cost we were quoted to get it's own post!

 

[xylene]

Thank you.
As I said, we called him because we thought it was enough of an issue for him to check it out asap. He came out the same day and told my husband to go ahead and replace the part. Neither of us have proof of any contact either way. We paid for the parts and my husband did the work so there's no receipt. I've said it over and over that I want to be fair but I don't want to pay for things that I don't believe to be caused by us (or neglect on our part).

Him having no prove and his story making no sense equals you win.

I the future, when you rent, don't fix stuff for your landlord. That is their job and why you pay rent.

 

[Fl_renter]

Him having no prove and his story making no sense equals you win.

I the future, when you rent, don't fix stuff for your landlord. That is their job and why you pay rent.

Will do or not do!

 

[Searchertwin]

The Washington LL/Tenant law states "Within 14-days after tenant vacates, return the deposit with an itemized accounting for any amount withheld. (Placing the notice in the mail within 14-days is sufficient.) Failure to comply renders the landlord liable for the full amount of the deposit plus attornies fees. Courts may award up to two times the amount of the deposit in certain cases."

If he fails to send us a letter in this timeline, are we liable for his list of damages?

You stated, "We recently vacated a rental house and our former landlord sent a text today saying we need to pay for repairs to a ceiling due to water damage."
You were notified at that time in text, by the LL. You acknowledge that there was a repair that you are questioning. You can go back and forth for days or weeks. It narrows down to the date at first contact by the LL, which was the date of the text.

As far as the damage to the toilet. I would send a crr letter stating that the toilet was due to "wear and tear" due to age and usage. Keep it that simple and don't go on and on about age of house, etc.
I would not even offer to pay half.

 

[Fl_renter]

Thank you searchertwin, that's helpful! Washington has mediation services available so we will see if that's an option here.