Who is responsible for rental property damage?

2/21/2019 (Permalink)

When a rental property floods, who is responsible for the repair? The tenant or the owner?

Water damage can strike both renters and property owners alike. A large water related disaster can render a property uninhabitable and cause permanent damage to the resident’s personal belongings.  When water damage strikes an apartment, who is the responsible party? The owner or the tenant?

Tenant Rights

Generally speaking, the responsibility of property maintenance falls on the landlord. If a landlord refuses necessary repairs or fails to address them in a timely fashion, and his negligence results in damage to the tenants property, (such may be the case with mold) they may be liable for the cost of replacing the affected items. Although details can vary from state to state, there are certain basic principals in place that outline the liable party. If in doubt, check with your local housing authority. 

Keep Lease Current

It’s a good idea to be aware of the terms laid out in your rental agreement/ lease as it pertains to property damage. Rental properties generally have property insurance and the lease agreement should specify what is covered and what is not.

Rental Insurance

It is a good idea to have a rental insurance policy in the event of an accident. Many property managers require rental insurance. Coverage can vary from policy to policy. Some policies cover property damage, theft, personal belongings and even lodging in the event of a displacing emergency. It’s a good idea to look into obtaining a rental insurance policy, and if you already have one, it’s good to be familiar with what is and what is not covered.

Property management/ owner duties

Any landlord is responsible for keeping the apartment maintained to an acceptable level of livability. Basic plumbing, appliance and electrical maintenance is the responsibility of the landlord, as is basic property upkeep. The landlord can be held negligible for damage incurred due to failing to perform these basic functions.

Damage to personal property

Damage to the building itself, as well as utilities and appliances should be covered by the property owner’s insurance policy. Damage to personal property falls under the responsibility of the party who caused the damages, which may or may not be the tenant.

We’re always here to help

When rain hits the Portland metro, SERVPRO of Northwest Portland is on standby to help our local residents and businesses with their water damaged homes, apartments and businesses. If recent storms have caused flooding or a pipe has burst, our highly trained technicians are ready 24 hours a day, 7 days a week, to respond immediately to flood or water damage at your Portland property. We have the experience, expertise, and training to restore your home or business quickly and properly. We use advanced inspection and extraction equipment to find the water and remove it as quickly as possible. Our local technicians will closely monitor and document the drying process to ensure your property is back to normal. Call us today. 503-283-3658