Who is responsible for burst pipe?

By Tenant

A burst pipe can cause a lot of damage. It could flood your rental property, damage your personal belongings and can even cause mold problems. It’s also pretty tricky to determine if the landlord or the tenant is responsible for the burst pipe and the damages it has caused. So let’s take a look at an example.



A tenant went out for a vacation and shut off what she thought was the outside water supply. But when she came home a few days after, the pipe has burst and her basement is already flooded. The landlord does not live on site since it’s a home that the tenant is renting so he couldn’t have known about the burst pipe so he couldn’t have gone into the home and turn off the water supply.

 

Knowing this, who is responsible? The tenant or the landlord?

First of all, you need to check your lease agreement. Your lease agreement will outline who does the repairs and who should be responsible for the cost. It will also dictate who will do the cleaning up after.

If your landlord has insurance, his insurance company will take care of the repairs and cost. But, the scope of the insurance will be limited to the damages to the structure. So if the burst pipe needs replacing, the insurance company will cover that. If there basement floor has weakened due to the flooding, that will also be covered. However, damages to your personal property will not be covered by your landlord’s insurance company.

For the damage to your personal property, you will need renter’s insurance.

Since the landlord’s insurance company has initially covered the damages to the property due to burst pipes, they will investigate. They will want to know if it was the landlord’s fault or not. This is their basis for an increase in premium due to higher risks. Unfortunately, if the insurance company has determined that it is your fault, they will go after the liability portion of your renter’s insurance. If you don’t have renter’s insurance, then your landlord’s insurance company will go after you personally.

When is a burst pipe your responsibility?

  • When you are aware that a pipe is leaking and you didn’t tell your landlord about it.
  • When you were fiddling with the pipe and it broke.
  • When you turned off the wrong water supply.

Additional Tips

The goal of any insurance company is to pay out as little as possible so they may be biased to your landlord when it comes to their investigation. That is why it is always best to get someone on your side. Get a public adjuster to investigate the plumbing problem with fresh and unbiased eyes.

When should you file a complaint?

You will need to file a complaint against your landlord if he does not come in to do the repairs needed on your burst pipe. The initial action should come from your landlord. Yes, the investigation will follow and that’s the time that the responsible party will be determined.

For complaints against your landlord, you can use RPA’s complaint center. This is the link that you can use: http://www.rentalprotectionagency.com/complaint_center.php

Edited on: Wednesday, February 27th, 2013 7:48 pm

15 Responses to “Who is responsible for burst pipe?”

My response: (We welcome stories, examples, explanations, answers and a touch of your personality)
 

Ellan

February 27th, 2013 8:00 pm

As much as tenants would want to be free from obligations on repair costs, if they’re responsible, they’re responsible. Someone will figure it out so it’s best to come forward and claim that it’s your fault.


Reinaldo

February 28th, 2013 6:00 am

Yes, do not let the insurance company have the last say on who is at fault. Of course, they will try everything to minimize their cost. So make sure to have your own adjuster to offset any false claims or allegations coming from the landlord’s insurance company.


Joanie

February 28th, 2013 4:00 pm

Oh wow! Problems such as these set the stage for another epic battle between insurance companies. I’d love to see who wins!


Maude

March 1st, 2013 2:20 am

If the landlord does not have an insurance company, he’d probably giving you a hard time before he fixes it. He’ll want to know whose fault it is before he shells some money out of pocket. I also know this is where most complaints filed against landlords come from.


Anthony

March 1st, 2013 12:20 pm

Being a landlord myself, I understand how frustrating it is for a tenant to have to live with burst pipes. I do the repairs myself but I don’t cover the damage to your personal property.


Ezekiel

March 1st, 2013 10:40 pm

If it was really the landlord’s fault, why won’t you cover for the tenant’s damaged personal property? If you can’t pay it, can’t you at least offer a reduction in rent? That’s just not fair.


Chuck

March 2nd, 2013 8:40 am

When you signed the lease agreement and it was clearly stated there that damage to personal property will not be covered regardless of who’s fault it is, you agreed to it. So you cannot come back and ask for refund to damages. That’s not how it works. Besides, that’s why you need renter’s insurance. You cannot just let a landlord take all the responsibility.


Dolly

March 2nd, 2013 7:00 pm

Right. The damage would not have been big enough to damage your personal property if you’ve been proactive in telling your landlord about the problem in the first place. Even the smallest leaks could result in the biggest damages.


Margurite

March 3rd, 2013 5:00 am

My insurace states that it will not cover damages in the basement so if the burst pipe happened in the basement, I would have to use my own money to cover for the repairs. I’m hoping your landlord has better and more comprehensive coverages.


Kamala

March 3rd, 2013 3:00 pm

As a tenant, you were given the keys to the rental so that means the landlord trusts you. If there are repairs that need to be done, please tell your landlord right away. This way, the cost will be smaller and the damages will not be as much. This is especially the case if the landlord does not live onsite and couldn’t come to visit and inspect the property for repairs.


Nathanael

March 4th, 2013 1:00 am

If the leak is in the basement or in between the walls, how do I know? I am very busy and nobody is in the house when I’m at work. So obviously, I only knew about the problem when it got worse and mold started to develop due to the moisture. Can I still be held liable?


Shalon

March 4th, 2013 11:20 am

That’s a tough question. But surely, you would know if there is a burst pipe even if you’re very busy. Don’t you hear any drips or notice the formation of moisture along the walls? The way I see it, you’re just using your “hectic” schedule to dodge your responsibilities.


Krystin

March 4th, 2013 9:40 pm

There was a leak in the upstairs apartment that got worse. It ended with us having to pay for the replacement of the entire ceiling, change of pipes and the tiles. Apparently, the tenant was aware of the leak but never informed us. So we made her responsible for the damages.


Arnold

March 5th, 2013 7:40 am

Can I also ask for damages because of missed work?


Isela

March 5th, 2013 6:00 pm

You’d have to check your lease agreement, state tenant laws and insruance policy (if you have one) to get an answer to that question.


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