Rommate caused water damage to our condo, what are my options?

[OctaneZSR]

What is the name of your state? Wisconsin

I live with 3 roommates and all 4 of us are on a lease for the condo owned by our landlord.

TL;DR my roommate "Jim" caused water damage to several rooms and I'm looking for advice on what I can personally do since none of the damage was directly my fault.

Full story: The sink in the bathroom on the second floor doesn't drain and we have been unable to use it without the sink filling up with water. The previous landlord knew about the plumbing issues and our current landlord was made aware of this problem when ownership of the condo was transferred to them. In the past few months since then, the landlord hasn't taken any steps to fix it, so my roommate "Tom" started to work on it himself in an attempt to clear the blockage.

Tom disassembled the pipe directly under the sink, couldn't fix the problem, and decided to leave everything disassembled for a few days while he tried to come up with a solution. Every one of us knew NOT to run the faucet and to use the first floor bathroom sink instead. No problems for a few days.

However, Jim ended up using the sink on the second floor and left the faucet running for at least 2 hours. The water had nowhere to go but out the pipe and onto the bathroom floor. And over the course of those 2 hours the water went through the ceiling of the first floor (it was pouring out of the ceiling when we discovered it) and continued to leak down into the basement. The ceiling is deformed due to water damage and I can only assume there is still water in the ceiling of the first floor and the basement. I'm sure it's safe to assume there could be water in the walls, too.

Clearly there will have to be a lot of work done (and money spent) to fix the damage. From what I understand of the lease, the landlord won't care whose fault it is and will expect us to collectively pay him back for the repairs? As I did not cause any of the damage, what options do I have to protect myself and minimize the amount of money that I will have to pay? Do I hope for the landlord to have mercy on me, do I take this to court (I wouldn't expect to win as there is no proof it wasn't my fault), do I take my roommate(s) to small claims court, or am I just SOL?

 

[Just Blue]

What is the name of your state? Wisconsin

I live with 3 roommates and all 4 of us are on a lease for the condo owned by our landlord.

TL;DR my roommate "Jim" caused water damage to several rooms and I'm looking for advice on what I can personally do since none of the damage was directly my fault.

Full story: The sink in the bathroom on the second floor doesn't drain and we have been unable to use it without the sink filling up with water. The previous landlord knew about the plumbing issues and our current landlord was made aware of this problem when ownership of the condo was transferred to them. In the past few months since then, the landlord hasn't taken any steps to fix it, so my roommate "Tom" started to work on it himself in an attempt to clear the blockage.

Tom disassembled the pipe directly under the sink, couldn't fix the problem, and decided to leave everything disassembled for a few days while he tried to come up with a solution. Every one of us knew NOT to run the faucet and to use the first floor bathroom sink instead. No problems for a few days.

However, Jim ended up using the sink on the second floor and left the faucet running for at least 2 hours. The water had nowhere to go but out the pipe and onto the bathroom floor. And over the course of those 2 hours the water went through the ceiling of the first floor (it was pouring out of the ceiling when we discovered it) and continued to leak down into the basement. The ceiling is deformed due to water damage and I can only assume there is still water in the ceiling of the first floor and the basement. I'm sure it's safe to assume there could be water in the walls, too.

Clearly there will have to be a lot of work done (and money spent) to fix the damage. From what I understand of the lease, the landlord won't care whose fault it is and will expect us to collectively pay him back for the repairs? As I did not cause any of the damage, what options do I have to protect myself and minimize the amount of money that I will have to pay? Do I hope for the landlord to have mercy on me, do I take this to court (I wouldn't expect to win as there is no proof it wasn't my fault), do I take my roommate(s) to small claims court, or am I just SOL?

Do you have renters insurance?

 

[NeilTheCop]

You contacted the landlord and made him aware that the sink was draining slowly, but it was draining. Then you allowed your roommate to try and fix it, and this he tried to do by dismantled the drain completely and leaving it dismantled for days. Therefore the root cause of the water damage is you, the renter, allowing someone who is quite probably not a licensed plumber, to try and fix the drain.

 

[xylene]

Why didn't you turn off the sink?

Was there at least a sign?

 

[adjusterjack]

I did not cause any of the damage

Doesn't matter. All four of you are jointly and severally liable for the damage to the owner's property. That means he can sue all four of you, get a judgment and collect from whichever of you is the most vulnerable to collection efforts.

If one of the other occupants was at fault, you could have a cause of action to sue that person for indemnification if you end up having to pay anything.

am I just SOL?

Pretty much.

Wisconsin statute:

§ 704.07 (3) Duty of Tenant.

(a) If the premises are damaged by the negligence or improper use of the premises by the tenant, the tenant must repair the damage and restore the appearance of the premises by redecorating. However, the landlord may elect to undertake the repair or redecoration, and in such case the tenant must reimburse the landlord for the reasonable cost thereof; the cost to the landlord is presumed reasonable unless proved otherwise by the tenant.

 

[FarmerJ]

Octane sad to say the LL can hold all parties to the lease financially responsible , SO yes I get it that the LL should have fixed it with in a reasonable time after the problem was reported but that in no way means any of you had any right to try to repair it your selves. If the one who did this pays up if there was no renters insurance policy in place then his paying it would be great. BUT if he doesn't as told previously and LL sues then once its paid off sue him. AS to the repair itself in your future as a tenant if some thing has failed and needs a repair not only call the LL but back it up with a on paper real letter sent via certified mail or confirmed delivery (keeping a copy of the letter stapled to your postal receipt ) and if LL ignores the repair request and it is for plumbing electrical or other structural issue then call your city housing inspections department and get them to come out. They can order a LL to make repairs and risk condemnation so NO one can live in it until inspections is satisfied.

 

[Gail in Georgia]

So..you have one dopey roommate who takes a pipe under the sink apart and is too dumb to put it back together while he needs a few days to "think" about a solution...and a second dopey roommate who, despite "EVERYONE" knowing not to use the faucet manages to turn it on and leaves it running "for two hours" without realizing the water is running out on the floor?

That's some roommate situation you got there fella.

And yes, everyone on the lease can be made responsible for these repairs.

Sorry you signed a lease with such idiots.

Gail

 

[FarmerJ]

Scott in the future should a sink drain stop working perhaps you should go under the sink and shut the water supply valves off so water cannot be run no matter where you live if your not living alone.