Neighbor's Leaking Water Heater

[AnnoyedinVA]

Hi, last Wednesday, I noticed that the carpet in my basement of my townhouse was soaking wet. My husband and I couldn't determine where it was coming from, so we called HMS (we have a home warranty with them). Friday morning, they sent out a plumber who said he couldn't determine where the source of the leak was coming from without cutting into the wall, and HMS wouldn't pay the plumber's bill unless he could determine where the leak was coming from. So he cut four holes (the biggest about 6 in x 8 in) into the wall before determining that the leak was coming from the neighbor's house (we share a common wall). Obviously, he couldn't do anything about it.

That night, my husband talked to the neighbor and found out that it was their water heater that was leaking into our basement. The whole thing was rusted out! We also learned that the people next door are tenants, not owners. Their landlord came over to look at the heater and my husband mentioned that he had soaked carpet and holes in our walls. I believe their landlord's response was "I refuse to commit to anything."

I have a plumber's deductible, four holes in my dry wall, and wet carpet that might need to be replaced, and I really feel like since it was their water heater, and the leak was bad enough to come through the wall, they should pay for the damages. Between all three, I'm guessing that it's going to be at least $500. Not a huge amount of money, but why should I pay for their irresponsibility to maintain their home?

I contacted my HOA, who acted like I was nuts for wanting them to intervene (apparently I just pay them so they can fine people for putting up wind chimes). I also called HMS, who said they couldn't do anything either. So I think my last resort is to call a lawyer. Do I have grounds to sue or something?

 

[shirteesdotnet]

Hello annoyed.

Somehow my situation sounds similar to yours but im on the reverse side of the problem.

I have a 100 year old tree that apparently has roots creeping into my neighbors lot damaging his sewer lines. He knew about the roots and could have cut them out 10 years ago when he replaced his sewer pipes. He could still go in and cut out the roots on his property. Am I at fault or is he? He can fix the roots, but you cant do anything about his water seeping in. Would you be mad at me?

If i was in your situation, I would document everything you can. What tenants have said, what the owner has said, when, where, what time, etc. If he is still unhelpful after talking with him again, I would file a small claims case against him for your costs. In your case I think you could win, In my case I think If I was sued, the owner would lose. Its just my opinion and im not a lawyer by any means.

 

[AnnoyedinVA]

In your case, he knew about the roots, so I don't think he has a right to be mad at you. In my case, I just bought this house and only moved in about a month ago. The previous owner told me his neighbor had just sold his place too, so the landlord (the new ownder) has had his place only slightly longer than I have. What responsible landlord just rents out a place without checking that the water heater is in good working condition? I've lived in some pretty dilapidated places, including a 100+ yr old house in the student ghetto, and no landlord/lady I've ever had rented out a place with a rusty water heater.

But thanks, I will document what I can. I feel bad about threatening to sue someone who has only owned the house for two or three months, but on the other hand, you really have to wonder what the heck he was thinking.

 

[seniorjudge]

Sue the bad landlord AND the tenants for damages caused by their trespass.

 

[AnnoyedinVA]

Thank you for the advice, but why the tenants too? I thought the landlord was responsible for all that sort of stuff.