Who's Responsible for Water Damage -Tenants or Landlords - part 2

Who's Responsible for Water Damage - 2

Any guidelines for solving this problem must take the rights and responsibilities of each party into full account. This is exactly what the law does; it ensures that both landlords and tenants are treated fairly. Here is how the law says this problem should be handled.

Landlord’s responsibility for water damage in a rental

Firstly, most of the responsibility for preventing and fixing water damage in a rental property belongs to the landlord. There are two reasons for this. The landlord owns the rental and would still maintain it if the tenant wasn’t there. Also, the tenant is paying to live in the home.

Based on these, the landlord is expected to provide the tenant with a home that is habitable and ensure that the home remains habitable throughout the lease period. To be habitable, the home’s plumbing must be adequate and functional, and the tenants must attest to this.

This expectation comes from the principle of Implied Warranty of Habitability, which is an unwritten assurance a property owner gives to their tenant. It says that the owner has done everything necessary to ensure the livability of the home before renting it out.

Look for part 3 shortly where Aime will cover water damage emergencies.