Am I gonna have to pay for repairs?

July 6, 2007 2:28 AM

I have a water spot on my apartment ceiling (Tx). It looks like my lease says I will be held responsible. What do I do?

Several months ago, a leaky roof caused a water spot on the ceiling of my Texas apartment. When I first noticed the spot I sent a repair request to management via their online form, but nobody showed. Now the spot has grown very large and has begun forming on the wall as well. I feel I should note that after I moved in but before the leak began, a roof contractor was sent over to examine previous work done in the same spot.

I will be moving out of my apartment next month so I decided to review my lease agreement this evening. In it, I found a paragraph that seems to say I will be responsible for the repair of the water stain and any possible mold. "Except for those conditions caused by our negligence, you agree to pay for repair of any damage or injury done..... 3) damage caused by water leaks....."

I would greatly appreciate any tips or feedback as to how I should handle this situation, and what I should be expecting when I move out. Thanks guys!

posted by Sufi to law & government (8 comments total)

It is their negligence if they did not get the roof fixed properly, even more so if they did nothing when they were informed of the problem.

State law may also say that the owner has to do that sort of 'big' maintenance. Time to hit the public library?
posted by stereo at 2:47 AM on July 6, 2007

I'm not a lawyer or anything, but it seems unlikely to me that those are the kinds of water leaks to which your lease refers. I think they mean that you can't let your tub overflow and expect to not have to pay for damages. You have no access for repair or replacement of the roof!

It would be great to have a copy of the repair request you made. If you don't, or even if you do, I'd write another letter referencing that repair request and send it to the office, making sure to keep a copy.
posted by OmieWise at 4:21 AM on July 6, 2007

You'll be in the clear, they'd have to be insane or evil or both to try to make you pay for that. And stupid, don't forget stupid. Especially if you can prove that you notified them.

What in the world could you have possibly done to avoid or repair a ceiling leak other than notify them? Nothing.
posted by hermitosis at 6:03 AM on July 6, 2007

2 Words:

Take photos.
posted by Freedomboy at 6:11 AM on July 6, 2007

I wouldn't sweat it. When I moved into my apartment (in Houston) last year the AC unit in the apartment above me did some kinda of water leaking thing and it stained my roof and walls and well as soaking the carpet the first week I was here. They fixed the problem, left a blower for the carpet for a couple of days and repainted without a word.
posted by Cyrano at 7:32 AM on July 6, 2007

I suspect the sort of water leaks the lease is specificially referring to are sink and tub leaks that you don't repair or report. I can't see how you could be reasonably expected to maintain the roof of a building, or control leaks in an apartment above you (whichever the source of the spot is).

It is always worth keeping in mind that most landlords will get pissy and maybe try to hold you accountable for damage that goes unreported (like if the spot has been there and gradually growing for months or years, which is in part understandable if a $100 shingle replacement and quick ceiling repaint turns into something much bigger involving structural repair and sheetrock).

Good policy is to report problems as soon as they arise and to have a paper trail (report them in writing, not by leaving a message). A lot of how to behave in this sort of situation depends on how reasonable/evil your landlord is, of course, so YMMV from pretty much anything people might say in this thread.
posted by aught at 7:41 AM on July 6, 2007

Except for those conditions caused by our negligence, you agree to pay for repair of any damage or injury done

Roofing leaks are outside the boundaries of what you can take care of. These water stains developed from their negligence. You have nothing to worry about. Take pics, jot down the approximate dates/methods you used to notify them of the leak, then don't stress.
posted by davejay at 2:56 PM on July 6, 2007

Thanks guys, thats all the info I needed! As always, you've all been a huge help (and such a relief!).
posted by Sufi at 3:11 PM on July 6, 2007