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Washing machine flood nightmare, crazy landlord

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tennis123

Junior Member
What is the name of your state (only U.S. law)? CA - I am renting a condo owned by a private owner who owns 1 unit in our 34 unit complex.

Approximately 3 weeks ago, the washing machine in my unit malfunctioned, and the fill sensor did not shut off the water filling the tub, and it flooded over. This happened while my maid was there doing a load of laundry, someone I have complete confidence and trust in. He shut the machine off once he noticed the water flooding over, and he dried up the water with a towel.

Unfortunately, this water damage was not confined to my unit, it went downward and hit my 2 neighbors below me. I believe that the HOA insurance policy is covering the damage to the neighbor's units, but my unit was not covered by the HOA Insurance.

My landlord informed me on the day of the incident that he did not have insurance. He told me that he needed me to be patient and cooperative while he figured out a way to deal with the situation.

The next day an insurance company showed up and took photos inside my unit with my landlord present. I did not ask any questions, and was not asked any questions by the insurance agent - but I am assuming my landlord ordered a policy that day, and since the water damage was not visible at the time, the agent didn't become suspect.

After this, I did not hear from my landlord or anyone for several days. During this time I was unable to do my laundry because of the defective machine. I finally contacted my landlord, on Monday (6 days after the incident occurred) and asked him for a status update on the repair to my washing machine as well as any flood/mold remediation work that needed to occur. He tried to play stupid, acting like he assumed that someone else was taking care of it, and I told him no work had been done and nothing was fixed.

The next day, the repair man showed up, fixed the washing machine with my landlord present. During this time, my landlord was asking him very pointed questions which would try to place fault on me, asking him if overloading the machine was the cause, improper operation, etc. The repair man would not affirmatively answer my landlords questions and simply said "these things happen - it's very difficult to determine the cause of something like this". Later that day, the flood company showed up and installed a dryer in my home. I did my laundry that night because the flood guy told me they would need to disconnect the washing machine unit in order to remove the floor and the walls around it to dry those areas out. The next day when I came home from work, the washing machine was sitting in the hallway area, and there were 2 large dryers and 1 dehumidifier. At the time of entry, I observed that my dog had fallen ill and had vomited and also had diarrhea. I also observed the sound level of the dryers. I went and purchased a sound meter, and the loudness was registered at 78 decibels. I measured the levels throughout the home and photographed the sound meter in various areas of the house for evidential purposes in case it comes down to that. It was so loud, I decided to temporarily move out of my unit and sleep on a friend's couch for 2 days. I did not ask my landlord for any relocation assistance during this time.

The drying company came and took the dryers out on Friday afternoon, and I returned home. However, my washing machine was still disconnected and I was unable to do laundry. The weekend came and went. The next week I didn't hear anything from my landlord or the remediation company, and was still unable to do laundry. I kept calling the remediation company, but they were not returning my calls. On Sunday, I finally hooked the washer back up carefully and did 3 loads of laundry, watching the entire time to make sure no water leaked or any problems, and it worked fine without incident. I called my landlord on Monday and asked him why my unit was not being repaired. He again acted ignorant, assumed others were taking care of everything, and I told him no one had done anything, so he got back on the phone and made some calls. On Tuesday, the estimator came out and took a bunch of measurements, and informed me and my landlord that they could not just replace the section of floor they removed since my floor is 12 years old, they wouldn't be able to match, and they would have to remove the entire floor. My landlord then realized this was going to be an expensive repair job, so aparently he called his insurance company, and I had to meet them in my unit on Wednesday morning. They took measurements, and determined everything was dried out, and they left. My landlord informed me that the insurance adjuster would be out the following day (today), and I would need to let them in.

This is where it gets really crazy. Last night, when I went to use my garbage disposal I heard a loud noise so I immediately shut it off. When I probed inside to find out what was down there, I found a rag had been balled up and lodged inside of my disposal! I looked at the rag, and this rag was definitely not one of my rags that I keep in the house. I find it very odd that my landlord would stuff a rag down my disposal. I can only think of two things, either he is messing with me or he is trying to build a case of "negligence" against me. Needless to say his prank didn't work, because I immediately removed the rag and the disposal still works just fine.

Today the insurance guy came. He informed my landlord that his policy limit for covering damage to the unit is only $6200 bucks. I am not sure what the next steps are... My guess is that the money won't cover replacement of the entire floor, so they will have to do some sort of half-baked job to replace the floor that was torn up by the remediation company.

However, if they do replace the entire floor, that will be a huge disruption to my life because myself and my dog will have to move out of the unit while they are doing the job.

So, I'm curious... What kind of rights do I have in this situation as a tenant? If my landlord fails to repair the damage to the unit, can I legally terminate the lease? Since the washer and dryer are included as part of my lease and they are owned by my landlord, wouldn't he be responsible for any damages caused to his unit by his appliances, or is this a huge Grey area for me?

Right now I am just waiting to see what he does next... But I also want to find out what my rights are, so I would gratefully appreciate any advice/info people can give me on this situation.

Thanks for your time!

:)
 


ecmst12

Senior Member
Your landlord is very possibly about to go to prison for insurance fraud, if he is really trying to claim damage that happened prior to buying the policy. That's a felony.

Because the failure of the washer wasn't due to any negligence by him, your landlord wouldn't be liable for any of your belongings that were damaged by the flood. Because it's HIS dryer, and the failure wasn't due to any negligence by YOU, you are not responsible for any of the damage to the dwelling caused by the flood.

He does not need to replace the floor to YOUR standards in order to meet habitability requirements. It just has to be safe, doesn't have to be pretty. Doesn't really sound like the damaged floor has made anything unsafe.

I'm sure no one INTENTIONALLY put a rag in your garbage disposal.
 

Alaska landlord

Senior Member
That your maid allowed so much damage to occur on her watch is clear negligence. I can see if minor damage occurred, but damage in the thousands is unacceptable. Since she works for you, I feel you are liable.
 

xxgrzesx

Junior Member
If it is his washer/dryer and you were not negligent it is his responsibility. He has to provided you with similar or better apartment for the time of repairs. Also, you do not have to pay any rent for the time that you stay in current apartment and they are doing work there interfering with your quiet enjoyment. If he is delaying it and depending on the damage the apartment might be inhabitable, the lease might be terminated. However do not just move out as the landlord might, state that you have breached the lease. Consult attorney on that.

As to the damage to other condominiums, HOA insurance covers only original elements and paint to primer only. So If someone installed new floor, painted the apartment, it is not covered by HOA insurance. If they have their own insurance, it will cover it less deductible. Than insurance will go after owner and possibly you if they can prove your negligence. That is why you should take pictures and document everything. Usually, they will go after person with "deep pockets", so most likely owner as they can put a lien on condominium.
 

xxgrzesx

Junior Member
As to the floor he has to replace it for similar. It is because when you signed a contract it was your reasonable expectation that you will have this kind of floor. I used to be a landlord and I rented out condominiums. A hose to ice maker broke in one and destroyed floor and damaged 2 condominiums below. I had an insurance and they put the tenant in a hotel for 2 weeks, while work was performed. There was carpet in my apartment and I wanted to replace it with hardwood floor. Insurance company told me that I can do it, but I will have to pay the difference. But tenant said no. I consulted attorney who told me that tenant can break the lease and sue me for damages. Since she was a good tenant who lived there for 3 years I replaced it with carpet.

As to negligence, apparently I was negligent for not replacing the hose. Apparently it has a lifetime of 10 years, and I should have replaced it.
 

Alaska landlord

Senior Member
He has to provided you with similar or better apartment for the time of repairs.
Actually, all he has to do is slap on a new vinyl, possibly a repair the drywall and scoot the washer back in place.

Also, you do not have to pay any rent for the time that you stay in current apartment and they are doing work there interfering with your quiet enjoyment.
Not only is this incorrect, but following this advice will get you evicted.
 

xxgrzesx

Junior Member
Actually, all he has to do is slap on a new vinyl, possibly a repair the drywall and scoot the washer back in place.
That's correct, to make a place habitable he can put vinyl floor and this will be fine. However, since when they have entered into the contract "lease", they had "meeting of minds" (term from contract law) that the floors are let's say hardwood. If they are replaced with vinyl the "frustration of purpose" for contact occurred and tenant may either enforce original contract or move out. Before tenant moves out it is best to obtain written agreement terminating lease, or go to small claims court and have lease voided by judge. It is based on contract law.



Not only is this incorrect, but following this advice will get you evicted.
When landlord comes in and makes minor repairs (routine maintenance) you have to pay rent for those days. However, if he performs something else, such as floor repairs which is not routine maintenance he interferes with your possession and quiet enjoyment. You do not have to pay for those days. It is even spelled out in Los Angeles rent control ordinance, which is I guess is based on holdings from court cases. I am pretty sure, that it is common law. However, you should consult attorney before you do anything as sometime notices might be required depending on jurisdiction. On the the other hand it is funny, how Landlord from Alaska found you liable for negligence of your maid, based on nothing. I guess it is secret society.
 
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ecmst12

Senior Member
The landlord is required to maintain habitability. The type of flooring has nothing to do with habitability, nor does it affect the functionality of the apartment. It is not a valid reason to break a lease. There might be an argument if the landlord removed the WASHER instead of repairing it, since that's a functional item. But not the flooring.

OP's insurance will NOT cover the damage because HE is not liable for it.
 

xxgrzesx

Junior Member
It all depends on circumstances. If the sensor malfunctioned before and he had a knowledge about it and you have evidence of his knowledge, his act might be considered negligent. If the washer was 20 years old and he did not do any maintenance on it, he might have been negligent. It all depends what reasonable person would do. And in legal system reasonable person makes everything perfectly.
As I stated before to make apartment habitable he can put vinyl flooring. However, putting vinyl flooring makes material change to apartment. "But for" hardwood floor "I would not have rented an apartment".

Usually attorney will not charge you for a short phone call if they see you as a potential client. Why don't you write everything down and call a lawyer. There you will get the best answer, depending on local laws. For example Chicago's Residential Landlord Tenant Ordinance protects Tenants much more than common law in neighboring suburbs.
 

Alaska landlord

Senior Member
I guess I have to point out that since the tenant had custody and control of the condo, she bares the responsibility for the action of guest and invitees alike. The extent of the damages due to flooding suggest that though the home was occupied, there was negligence on the part of the maid in keep an eye on the washer, cutting off the water supply or the cleanup afterwards.

Los Angeles rental regulations are unlike any in the rest of the 78 remaining states. (Obama’s count not mine) That the landlord can be made to lose rent due to major repairs would be an incentive to delay the repairs till after the tenant is billed for damages and she has bailed.

I would file with the insurance company and deduct my deductible from her deposit.
Of course this need not take place had both parties thought of carrying insurance.
 

xxgrzesx

Junior Member
Do you watch the washer every time you use it? Do you watch refrigerator that has ice maker? Nobody does it and she was not negligent in not watching it. What if you have refrigerator and washer in two separate places. Do you install cameras? Maybe he could claim that if she called him immediately and he brought driers right away, the floor could be saved. However if it was hardwood floor I doubt it could be saved.

The LA ordinance is good, otherwise landlord would take forever to make major repairs. This way they have incentive to make repairs fast. Also, why tenant should pay for the time that he/she cannot use the whole apartment?
 

Alaska landlord

Senior Member
Do you watch the washer every time you use it? Do you watch refrigerator that has ice maker? Nobody does it and she was not negligent in not watching it. What if you have refrigerator and washer in two separate places. Do you install cameras? Maybe he could claim that if she called him immediately and he brought driers right away, the floor could be saved. However if it was hardwood floor I doubt it could be saved.
Don't have a washer in my home, only in the basement. But I can tell you that when I use the dishwasher I keep a close eye on it. The hardwood floor could have easily been saved had it been dried within a reasonable time limit 1/2 hour seems reasonable.

The LA ordinance is good, otherwise landlord would take forever to make major repairs. This way they have incentive to make repairs fast. Also, why tenant should pay for the time that he/she cannot use the whole apartment?
No. A landlord that cares about his property takes care of major repairs immediately. To forfeit the rent when major repairs are being considered is an incentive NOT to perform repairs. In a case where the tenant is NOT responsible for the damage, a better approach would be to determine the abatement by the square footage of space not available to the tenant during the time period of the repair.
 

xxgrzesx

Junior Member
Don't have a washer in my home, only in the basement. But I can tell you that when I use the dishwasher I keep a close eye on it. The hardwood floor could have easily been saved had it been dried within a reasonable time limit 1/2 hour seems reasonable.
Alaska Landlord you should install a camera to watch your washing machine and put a monitor next to dishwasher, so you can watch both at the same time.



No. A landlord that cares about his property takes care of major repairs immediately. To forfeit the rent when major repairs are being considered is an incentive NOT to perform repairs. In a case where the tenant is NOT responsible for the damage, a better approach would be to determine the abatement by the square footage of space not available to the tenant during the time period of the repair.
The best would be to lock the tenant in the bathroom charge him for it, while he cannot step to living room as some strangers do some work there. I think this ordinance address problems with landlords who do not care. Landlord who cares about building and tenants would put a tenant in alternative location for times of major repair. When my rental condominium was flooded, I got a hotel for a tenant. My insurance paid for it but that was one of my responsibilities to get a good insurance.
 

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