Is the Landlord Responsible for Damages

[Shadow]

I'll try and make this short and simple. Came home to my apartment in Las Vegas and it was flooded. The landlord had already shut the water off and my mom was moving our things to higher ground. The landlord was on the phone and all I heard was "it broke again… they didn't fix it right…" The next day they sucked up the water from the soaked carpet and replaced the water heater (I heard the plumber say it was 30 years old). Almost everything electronic that was plugged into a socket is fried. My mom does not have renters insurance, is the landlord responsible for the damages? I just want the things that can be replaced, replaced.

 

[freebird]

Originally posted by Shadow
I'll try and make this short and simple. Came home to my apartment in Las Vegas and it was flooded. The landlord had already shut the water off and my mom was moving our things to higher ground. The landlord was on the phone and all I heard was "it broke again… they didn't fix it right…" The next day they sucked up the water from the soaked carpet and replaced the water heater (I heard the plumber say it was 30 years old). Almost everything electronic that was plugged into a socket is fried. My mom does not have renters insurance, is the landlord responsible for the damages? I just want the things that can be replaced, replaced.

This is really a question of fact. To begin, what exactly was the problem? I'm assuming the water heater was the problem but it being 30 years old doesn't say anything itself. Was it in a condition that required repair and it was neglected? Was it in a reasonably good working condition and some intervening force caused the problem? Was the water heater visible to you and your mom and did you or should either of you have known that the water heaters was in disrepair and that you should have called the landlord for service?

I can't really see the landlord being responsible unless (1) your lease says that he may be, or (2) the damages occurred due to the negligence or willful act of the landlord. What are the details?

 

[Shadow]

The pipe on the water heater broke due to the last incident where they didn't fix it right. The water heater looked very neglected after they wheeled it out. It was not visible due to the fact that it was underneath the kitchen counter where they placed the fridge over the opening.