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Broken pipe, flooded apt. - Landlord wants us to pay damages

Discussion in 'Living in, Use of the Premises' started by Phil Jones, Jan 19, 2017.

  1. Phil Jones

    Phil Jones Law Topic Starter Guest

    Away for a week and pipe burst in apt. Damaged kitchen and rugs badly, and flooded basement. Landlord says we have to pay the damages but offered us another unit for the remained of the lease. The heat was on 55 and I think the pipe is so close to a wall with no insulation that it might have frozen (piping was pretty cruddy to begin with). How can the landlord make us pay for accidental damage even it was our fault? I can see them trying to take our security deposit, but I am sure repairs with cost more. How should we proceed?
  2. adjusterjack

    adjusterjack Super Moderator

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    I don't know why people keep asking the how question. The "how" is explained by the "did."

    However, having left the heat on at 55 degrees during your absence means you aren't liable for the damage due to the frozen busted pipe and you are free to say no to paying for it.

    Your landlord can't "make" you pay anything. Only a court of law can do that.

    If the landlord keeps your deposit over this, you could probably win a lawsuit to get it back.
    army judge likes this.

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