I had a flood issue where a valve broke off of my water heater. I just bumped it and it broke. I have the corroded part that shows that I was not at fault for the water heater breaking. It had been loose and needing repair for some time. Now my landlord is trying to evict me for the non payment for the carpet cleaning and the drying of it. Is this possible?
2007-07-04 17:42:14 · 8 answers · asked by takeiele 1 in Home & Garden ➔ Maintenance & Repairs
This issue will fall under state law, so the situation could be a bit different depending upon which state you live in. Also your rental agreement or lease will make a difference. Your landlord could certainly bring some kind of action against you.
By "trying to evict you", do you mean he has already filed eviction proceedings or just threatening? Depending upon the specifics, he may be able to begin eviction proceedings or he may have to bring a civil suit against you for the amount he claims you owe. The difference here is an eviction could make you loose your home, a civil action would compel you to pay him. Either is would not be good for your credit history.
In either case, you might have a bit of liability here if you knew there was a problem and did not report it. If you did report it, I do hope you have some documentation of this, otherwise it will be your word against his. If you do not have documentation that you reported the problem, I would forget that you knew it to be a problem and not mention that fact again.
You should not have any liability simply based upon the fact that you broke the valve. You have indicated the valve was corroded, it should not be. This is the result of a faulty installation, specifically there should be a dielectric union or nipple between the heater and the valve, it is not there or the valve would not be corroded to the extent of breaking. The dielectric part keeps different types of metals from reacting with each other.
I would not hesitate to contact a lawyer for advice on this one. Even if the landlord has not filed anything, don't wait until he does. Also it would be good to get a statement from the person that repaired the heater about the condition of the valve and the presence or absence of the dielectric union or nipple.
Keep the part you have. If you have the complete piece up to where it went into the heater, that would be good as the dielectric should be between the valve and the heater.
2007-07-04 18:15:03 · answer #1 · answered by be_a_lert 6 · 0⤊ 0⤋
Actually, no matter what your agreement / lease states the law over rides that if they disagree.
In this case the water heater is the landlord's responsibility since it is not something you can take with you.
Second if you cause deliberate damage to his property you will be held liable.
Normal wear is the cost of doing business, so the landlord can not pass onto you the normal wearing out of old parts / devices. It was his responsibility to maintain that device since it is his and not yours. No one can force him to do this but the given is " if he fails to do so and damage results he is liable for the damages." If the damages are to his own property then he can not recover for those damages due to his own neglect.
None of this releases him from his responsibility to you the tenant. If the resulting damage creates an unsafe environment or you are without services then that is a violation of the lease.
This eviction would be an illegal eviction - This point you need to remind your landlord of. Why is that important, because he may be held liable for your cost to relocate for X months.
If he evicts you then he is violating the lease if the lease states you are responsible for these permnanent devices that is a violation of the law
This is my opinion which is based on dealing with "Deadbeat Landlords, and " SlumLords" in the past.
2007-07-04 18:17:00 · answer #2 · answered by Anonymous · 1⤊ 0⤋
I would say "no" save that part and under no conditions let it out of your hand. I would see an attorney who does this business. Call an attorney and they'll tel you. Then counter sue the landlord. Be ready to move, down the line he's going to get even.
If the landlord is just an in between and there's management company that really runs the place, contact them.
If there's an owner, contact them. I'm sure they don't want a lawsuit against them.
2007-07-04 23:20:18 · answer #3 · answered by cowboydoc 7 · 1⤊ 0⤋
Are you kidding me? He's responsible for maintenance and upkeep. However if this wasn't reported to him immediately he might be able to sue you for damages. However, he cannot evict you. What a bum. Move and sue him for illegal eviction.
How long have you lived there? A full inspection should have been done before you moved in. It takes years for a part to become corroded enough to cause wear and breakage. Sounds to me like he should have replaced the part years ago.
2007-07-05 01:11:15 · answer #4 · answered by Anonymous · 0⤊ 0⤋
No, you can fight that in court, if you had kept telling the landlord to fix it and they didn't then he/she is at fault becuase they did not take care of the problem. if they try to evict you then you take it to an attorney and you will WIN!!! this is from my girfriend who is taking law......
2007-07-04 17:53:18 · answer #5 · answered by Anonymous · 1⤊ 0⤋
I don't know where you live?I wouldn't think your landlord could evict you, but it depends what is in your tenancy agreement? And it is your fault, however it happened.The fact that it was loose, is still your fault.You should have told landlord about it.So you should pay.
2007-07-04 17:49:58 · answer #6 · answered by Anonymous · 0⤊ 1⤋
Save your proof. Take pictures. LOTS OF THEM. And take that jerk to court.
2007-07-04 17:48:40 · answer #7 · answered by oldmanwitastick 5 · 2⤊ 0⤋
yes it is
2007-07-04 18:57:57 · answer #8 · answered by Anonymous · 0⤊ 1⤋