Apartment flood

[jassok]

Texas
My daughter's college apartment flooded during a Texas Freeze. The apartment complex says it was her hot water heater that burst. Her apartment complex is now trying to make her pay for half of the damages to 5 apartments totaling $5,800 because of the flood. She followed the guidelines of running the heat and running the taps. My name is on the lease since she is a college student. She has a roommate and I've reviewed the lease and don't see anything that states she's responsible in case of a flood. We do have renters insurance and the apartment complex has filed a claim for $6,000 even though they are telling me the total is $5,600 and that we are responsible for half of that. I've asked for pictures and the report the apartment manager made when the incident happened.

I do not believe she should be held accountable when she was not negligent. Any advice or help on this topic would be greatly appreciated.

 

[AlmostThere]

If her lease does not indicate she is responsible, then tell the complex that the lease does not indicate that she is responsible. They are probably hoping that a good bunch of tenants will just pay. Let them sue you, and a judge can determine if you are liable.

 

[Zigner]

If her lease does not indicate she is responsible, then tell the complex that the lease does not indicate that she is responsible. They are probably hoping that a good bunch of tenants will just pay. Let them sue you, and a judge can determine if you are liable.

The lease doesn't have to state outright that one is responsible for a negligent act, so that's not a surefire remedy.

 

[FarmerJ]

do you have any idea how old the hot water tank is ? I ask this because it takes some very very cold conditions to make a hot water tank freeze and split ( I live in MN and do know of people who had hot water tanks freeze because they left their homes unheated when it was well below zero. If by chance the two young ladies did not run both hot and cold faucets on a thin thin trickle of water like say cold in the kitchen and hot water faucet at the bathroom, then i can see where a non running line could freeze but maybe you should learn if any other of the tenants had freeze up problems (put your daughter to work and tell her to go door knocking to ask other tenants )

 

[quincy]

... maybe you should learn if any other of the tenants had freeze up problems (put your daughter to work and tell her to go door knocking to ask other tenants )

I am not sure it is smart for the daughter to go door-to-door asking other tenants about problems with the freeze. For several reasons. Safety is one reason. Potentially opening herself up to greater liability claims another.

 

[Taxing Matters]

I am not sure it is smart for the daughter to go door-to-door asking other tenants about problems with the freeze. For several reasons. Safety is one reason. Potentially opening herself up to greater liability claims another.

I don't see great risk of greater liability claims for the tenant for the daughter to canvass the tenants. What kind of liability claims do you think that would generate? Defamation? Something else? If the tenant were to sue the landlord, however, this canvassing may end up being detrimental to her case. The details of it would matter greatly. If I were her lawyer I'd advise her against sending her daughter to that.

 

[quincy]

I don't see great risk of greater liability claims for the tenant for the daughter to canvass the tenants. What kind of liability claims do you think that would generate? Defamation? Something else? If the tenant were to sue the landlord, however, this canvassing may end up being detrimental to her case. The details of it would matter greatly. If I were her lawyer I'd advise her against sending her daughter to that.

I worry first about safety, if the daughter does not already know the other tenants. Then I worry about the daughter saying it was her water heater that caused the flooding, a fact that may have previously been unknown to the other tenants. These other tenants might then decide to file their own claims against the daughter.

But I mostly think the daughter should leave everything in the hands of the professionals. She has a renter’s policy for a reason. She doesn’t want to risk mucking up any investigation that her insurer is taking.

 

[LdiJ]

I worry first about safety, if the daughter does not already know the other tenants. Then I worry about the daughter saying it was her water heater that caused the flooding, a fact that may have previously been unknown to the other tenants. These other tenants might then decide to file their own claims against the daughter.

But I mostly think the daughter should leave everything in the hands of the professionals. She has a renter’s policy for a reason. She doesn’t want to risk mucking up any investigation that her insurer is taking.

I agree. I also think that, based on the amount of money involved, that it is possible that the insurance company will settle the case even if they do not think that she is liable. The amount of money involved is small enough that it might cost the insurance company more to defend the case than to just pay off the landlord.

 

[Taxing Matters]

Then I worry about the daughter saying it was her water heater that caused the flooding, a fact that may have previously been unknown to the other tenants.

I agree, which is why I said what the daughter might tel the neighbor might compromise the tenants case.

These other tenants might then decide to file their own claims against the daughter.

A possibility.

But I mostly think the daughter should leave everything in the hands of the professionals. She has a renter’s policy for a reason. She doesn’t want to risk mucking up any investigation that her insurer is taking.

Absolutely. And mucking around trying to their own investigation may compromise the insurance company's ability to represent them, which might result in the insurer declining to provide representation in the future.

 

[FarmerJ]

this is the first night i have had off in 3 weeks and now that i actually feel a bit rested and feel more clear I have to ask was the gas or the electric to the hot water heater left on? a tank with heated water that cooled off would have re started it self to maintain its temperature setting , standard hot water tanks do just that when left on like say when you go on vacation it will maintain the temperature even if your not using any hot water SO , Unless your state was subjected to temperatures that we get here, in a un heated , un insulated area I cannot imagine how a tank could burst unless its OLD, when i frist moved in here we had a fiberglass tank that was installed when this house had switched to off peak electric hot water and the tank leaked while under warranty so it was changed and the replacement tank lasted maybe 12- 13 years and it sprang a leak and that happened back when the boiler still worked so their was no issue of lack of heat SO I cant help but wonder if by chance the tank was already in failure or older and it had failed unfortunately when it was cold.

 

[AlmostThere]

this is the first night i have had off in 3 weeks and now that i actually feel a bit rested and feel more clear I have to ask was the gas or the electric to the hot water heater left on? a tank with heated water that cooled off would have re started it self to maintain its temperature setting , standard hot water tanks do just that when left on like say when you go on vacation it will maintain the temperature even if your not using any hot water SO , Unless your state was subjected to temperatures that we get here, in a un heated , un insulated area I cannot imagine how a tank could burst unless its OLD, when i frist moved in here we had a fiberglass tank that was installed when this house had switched to off peak electric hot water and the tank leaked while under warranty so it was changed and the replacement tank lasted maybe 12- 13 years and it sprang a leak and that happened back when the boiler still worked so their was no issue of lack of heat SO I cant help but wonder if by chance the tank was already in failure or older and it had failed unfortunately when it was cold.

The fact that OP says "She followed the guidelines of running the heat and running the taps. " sounds as if they were experiencing a cold snap and something froze. Houses in Texas are not designed for cold weather.