bad landlord

[damp]

Jurisdiction

Arizona

My hot water heater burst on Saturday evening. Come to find out there is no emergency phone number to call. Meanwhile water is leaking all over and now going to downstairs apartment. The stress was unbelieveable. My roommate had some know - how and dealt with the issue himself. Can we sue for damages and emotional distress?

 

[adjusterjack]

Anybody can sue anybody for anything. You just aren't going to win.

This was a sudden and accidental occurrence. Nobody's to blame.

Wouldn't have mattered if you had reached your landlord in 10 minutes or 10 hours, the damage and the stress would have been the same.

If any of your personal property was damaged it would be covered by your renter's insurance, if you have renter's insurance.

Beyond that, any damage to the landlord's building or the downstair's neighbor's property is not your problem.

 

[dedhed55]

Anybody can sue anybody for anything. You just aren't going to win.

This was a sudden and accidental occurrence. Nobody's to blame.

Wouldn't have mattered if you had reached your landlord in 10 minutes or 10 hours, the damage and the stress would have been the same.

If any of your personal property was damaged it would be covered by your renter's insurance, if you have renter's insurance.

Beyond that, any damage to the landlord's building or the downstair's neighbor's property is not your problem.

The management was told twice the water heater needed replacement before it burst

 

[C-Note]

The management was told twice the water heater needed replacement before it burst

Was management notified verbally or did you give written notification? If verbal notice was given, you probably will not be able to sue for damages. If written notice was given documenting facts that show the water heater needed to be replaced or it could burst, causing damage, then you could probably have a reasonable chance of recovering damages from management!

 

[adjusterjack]

The management was told twice the water heater needed replacement before it burst

What was it about the water heater that led you to that conclusion?

And I echo C-Note's question about whether you put the notice in writing or, at least, have any EVIDENCE of the oral notice.

If you can PROVE (not just say) that you gave notice and that the visible condition of the water heater was truly a harbinger of bursting, you could have a negligence claim for any damage to your personal property. But that's it.

 

[dedhed55]

What was it about the water heater that led you to that conclusion?

And I echo C-Note's question about whether you put the notice in writing or, at least, have any EVIDENCE of the oral notice.

If you can PROVE (not just say) that you gave notice and that the visible condition of the water heater was truly a harbinger of bursting, you could have a negligence claim for any damage to your personal property. But that's it.

Unfortunately an an unwritten notice was given. THANKS FOR YOUR HELP.

 

[dedhed55]

What was it about the water heater that led you to that conclusion?

And I echo C-Note's question about whether you put the notice in writing or, at least, have any EVIDENCE of the oral notice.

If you can PROVE (not just say) that you gave notice and that the visible condition of the water heater was truly a harbinger of bursting, you could have a negligence claim for any damage to your personal property. But that's it.

We knew the water heater was going to go because last year there was an incident where the pipe had burst and water was running down in the wall to the apartment underneath. Anyway, thanks for your help.

 

[army judge]

Unfortunately an an unwritten notice was given. THANKS FOR YOUR HELP.

If this ever happens again, do what you can to mitigate the damages.
Call a plumber, let your landlord know.
Yes, you could be required to pay, but that payment could eventually be used to offset future rent.
You might even be able to sue the landlord and recover the money.
Get yourself a renters insurance policy that covers these water awards and damages, discuss it with your agent.
Renters policy are very cheap, compared to what you'll be dealing with in the coming weeks.

Also meet with the landlord or his agent and ask how this should be handled if it ever reoccurs.

Ask for some written instructions, be cooperative, and be ready to discuss emergencies in general even if you move.

Plan for life, don't just be reactive, be proactive and engaged.

Let us know what happens.

 

[dedhed55]

If this ever happens again, do what you can to mitigate the damages.
Call a plumber, let your landlord know.
Yes, you could be required to pay, but that payment could eventually be used to offset future rent.
You might even be able to sue the landlord and recover the money.
Get yourself a renters insurance policy that covers these water awards and damages, discuss it with your agent.
Renters policy are very cheap, compared to what you'll be dealing with in the coming weeks.

Also meet with the landlord or his agent and ask how this should be handled if it ever reoccurs.

Ask for some written instructions, be cooperative, and be ready to discuss emergencies in general even if you move.

Plan for life, don't just be reactive, be proactive and engaged.

Let us know what happens.

Thanks for the advice and I will let you know what happens. Thanks again.

 

[dedhed55]

All's dry in the household. The water heater has been replaced (with one from another apartment) and we can have a warm shower again. Although management was not at all pleased that my roommate (who is in remodeling and knows about things like this) had to temporarily turn the water off to remove and empty the water heater. What were we supposed to do - let two apartments flood until Monday? We have been in this apartment almost 10 years and have seen five different owners. I believe the last two never did come to the apartment for inspection, but that's a story for another day. Thank you all so much for a lesson learned and for some great advice. Have a great day.

 

[army judge]

Good luck, mate. Thanks for the happy ending.