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Tenant Flooded house

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limpyL

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

I am looking for an MD law that would cover informtion regarding if the tenant floods the rental property. I have been looking for a few hours and have not found anything regarding if the tenant is the cause only if the landlord I at fault.

Thank You in advance.
 


Zigner

Senior Member, Non-Attorney
This is the same as any other damage the tenant does to the property. There won't be something separate for flooding - it's just damage.
 

halsal

Junior Member
Gonna need significantly more info here, chief. How did the flood occur? Did they point a garden hose into the living room and turn it on; did a tub overflow; or did they turn on a sink, a pipe burst, and a flood resulted?

The tenant could be at fault or the landlord could be at fault, situation depending.
 

Banned_Princess

Senior Member
Gonna need significantly more info here, chief. How did the flood occur? Did they point a garden hose into the living room and turn it on; did a tub overflow; or did they turn on a sink, a pipe burst, and a flood resulted?

The tenant could be at fault or the landlord could be at fault, situation depending.
excellent questions.
 

limpyL

Member
my tenant installed the wrong filter into the fridge and overnight it leaked through the wood floor, subfloor, and basement ceiling as well as adjacent rooms. I am looking for something to research and refer to when heading to court.
 

Mass_Shyster

Senior Member
Sounds like a simple case of negligence, where you'll need to prove duty, breach, causation, and damages.

Duty: Tenant had a duty to install correct filter - a duty arises if the harm is foreseeable. You'll need to prove that the tenant knew, or should have known, that installing an incorrect filter would cause the damage that occurred.

Breach: Tenant breached his duty: You'll have to prove that the tenant actually installed the incorrect filter.

Causation: You'll have to prove that the breach of the duty caused the damages.

Damage: You'll have to prove the damages that were caused by the breach.

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WARNING: Maryland still subscribes to the doctrine of contributory negligence. If the tenant can prove that the landlord was in any way negligent, it will prevent the landlord from recovering. Even if tenant is 99 and 44/100 percent negligent, and the landlord is only 36/100 percent negligent, landlord cannot recover anything.

So, who's fridge was it? If tenant's, did LL give permission to install it and connect it to the plumbing? If LL's, did LL tell tenant what type of filter to use, and inform tenant that installing wrong filter may cause damage?
 
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