can a landlord be sued for damage resulting from broken polybutylene pipes?

Answer 1

Well, it really depends on the terms in your lease.

The landlord can sue you regardless, whether they will win or not is another story.

Assuming your lease doesn't specify you are responsible for all repairs....if the pipes broke because of your actions or negligence, the landlord can sue and probably will win. For instance, if you turned the heat off while you were on vacation in the middle of winter, you were rough housing with a friend and hit the pipes and broke them, or you were pulling on them and they broke, you will probably be responsible for the pipes and the damage they caused.

Some leases explicitly state that the tenent is responsible for all repairs to the building (this is most common when renting a house, condo, or a duplex). This type of clause can cary widely. Sometimes you may only be responsible for the first "X" dollars ($250 and $500 are common values) and the landlord is responsible for the rest. This can also be reversed where the landlord is responsible for the first "X" dollars and the tenant is responsible for the rest.

When in doubt, contact an attorney or the city and find out what your rights are (I'd try the city first as they won't cost you anything).

Good Luck!

Answer 2

The polybutylene pipes were the reason for a class action lawsuite. There were funds kept in escrow to repair leaks from this type of failure that covered the replacement of the plumbing, the labor for installing new pipes and even the necessary repairs for the drywall etc. Probably a plumbing contractor could give you more up-to-date information but I believe the time period for the class action suit has now expired.

The landlord must have been aware of the presence of polybutylene in his apartment and should have disclosed this to you when you rented. The pipes failed through no fault of yours and he should have insurance that would cover some of your losses as well as his. Did you have renter's insurance? If not, then shame on you!

If you have insurance then submit a claim to your insurance company and if he has insurance submit a claim to be reimbursed by his policy. Otherwise you may need to work our a arrangement with the landlord for some kind of rent credit. I would leave the small claims court as the very last action possible. You never know what kind of incompentent judge will preside over the case.

Answer 3

If you are paying your rent in good order and the pipes were damaged by someone other than you then the landlord needs to fix 'em. take him to court if he does not decide to fix the pipes.

Answer 4

he can be sued if u live in the land and he doesn't fix the pipes

Answer 5

They can only sue you if they can prove that you, the tenant, was the cause of the issue. If not, then it's an insurance call or personal account to fix the issue.