Can my landlord blame me for foundation damage to the house I am renting?

Question

We live in an area in an extreme drought. I do water the foundation with hoses, but there is damage to the house.

In Texas, due to the type of soil, you are advised to water the foundation. It is also in my rental agreement that I do so.

The damage is cracks in the walls and doors that do not shut properly.

Answer 1

I've lived in North Central Texas, and I understand your question. There's nothing to prevent him from blaming you, but given that you have watered the foundation, I doubt he has sufficient grounds for legal action. What is more likely, is that he will keep your security deposit when you leave, forcing you to go to small claims court if you want to try and retrieve it. If you bring the action, I believe the burden of proof would be yours. You would have the burden of proving you didn't damage the foundation. I'm not a lawyer though, so please check with a local attorney.

For those of you who had questions about why someone would water a foundation, here's what's going on. In some parts of the country, including the Dallas, Texas area, the soil is highly expansive. When it gets wet it swells, and when it dries out, it shrinks. Homes in these areas rarely have basements, because the it would cost far to much to build them to withstand the pressure.

Instead, builders put down a layer of sand, then pour a slab foundation. In fact, they use something called a post -tension slab, which in most parts of the country is only used in commercial construction. New home warranties routinely require that homeowners keep the soil around the edge of the foundation moist, so it doesn't pull away and cause the foundation to crack.

There's no easy way to know how much water is enough though, and the drought in Dallas is quite severe this year. The damage we're discussing here could have been caused by a drop in the water table, but it would take a soils engineer to know for certain.

Answer 2

Do you have a wood foundation? Is the house that old? I don't know why you would water a foundation but unless the landlord specifically told you not to I don't see how they can. People water plants around their homes all the time without damaging the foundation.

Answer 3

No your landlord can not blame you for that, and if he tries to you need to fight it. You do not even have to water the foundation if it is not written into your contract. He is fully responsible for his own property.

P.S. She waters her foundation because she lives in a drought area and it is good for foundations to get moisture. Usually the rain takes care of it, but not where she lives. That is why professional house building people say it is not a good idea to put up gutters.

Answer 4

Why do you water the foundation? He can hold you liable for it if you are watering the foundation. The ground can settle because of it. He may have a hard time proving it, unless you already admitted to it.

OK, if it is your agreement to water the foundation, he can not hold you responsible. Most attorneys will give you a free consultation on the matter if you feel the need. Foundation repairs are VERY expensive.

Answer 5

ok why do you water the foundation are you trying to make the house grow it will not work.
Seriously you are watering around the foundation due to flower garden I hope. But what is happining is the house is setteling and it was not that great of a build and he is just trying to put the blame on you because he thinks you are dumb but show him how DUMB he really is when you take him to court.
Find a contractor that will come out and give free estimate to fix foundation problems and have it in writingif you take him to court.

Answer 6

In a word, "no."

Unless you are doing something that goes either against your lease (and it must be stipulated in detail therein) or you are being negligent (that is, you are failing to report any damage or you are doing something grossly obtrusive that might in some obvious way be leading to the damage of the foundation), I do mot believe that your landlord has a precedent for "blaming" you.

That said, you should immediately inform your landlord of any and all damage. S/he may suggest that you are to blame. In such cases, ask said landlord to provide in writing his claim. You should at the same time be provided with various alternatives, including being allowed to break your lease without penalty.

But remember, it is your responsibility to inform your landlord of any damage as quickly as you notice it. Arguments of ignorance and negligence on your part are not, in themselves, sufficient to prevent a suit from being brought against you otherwise.

Also, understand that while you may notify your landlord of imminent problems, the landlord is not, in turn, necessarily required to correct or to maintain the property. Interpretations of landlord responsibilities are hardly universal; they will vary from state to state.

The best of luck with this matter, and should you have an unpleasant experience, please remember that you can (1) report the landlord to the Better Business Bureau and any realty organizations (for example, an office of off-campus housing with local universities--so that others might be forewarded of problems) AND (2) take your landlord to Small Claims Court in a countersuit (I suggest this step ONLY if s/he is pressing you for damages). . . .

Answer 7

What sort of damage are you talking about - water damage? If so, then you might be responsible, if you're watering the foundation. If that's not the damage, then I seriously doubt you can be held responsible for it. If the landlord is claiming you are, then you might consider contacting an attorney who specializes in such things.

Answer 8

How could you have done that? If you didn't flood the basement, crawl space or foundation, then it is the house settling. It sounds like either he doesn't have the right insurance or the company won't cover the repairs. Which are extremely expensive, from what I've been told.

Answer 9

you can not be held responsible,unless you did some kind of unauthorized excavation or ran a car into the house etc. If the landlord insists,go to tenant / landlord mediator

Answer 10

check ur lease and copare whats happening then go to a lawyer for a free talk try a couple dont listen to any body look at ur lease and get legal advice