Legal Question in Real Estate Law in Pennsylvania
Apartment Damage Liability
I have been living in an apartment for over a year, and recently told my landlord that I wanted to move out, since the lease had expired. Two weeks before the date I was to move out, I was gone for several days and shut the heat off in the apartment (without thinking anything of it) and the pipes froze. The Landlord returned to show the apartment to a potential new tenant, and turned on the heat, and said something to me about how the pipes had frozen, I apologized saying that I didn't think anything of it. Less than 48 hours later, I returned to the apartment to find that the heating radiator had burst in one of the bedrooms, and water was spraying out of it. The carpet was ruined. I immediately called the landlord who shut off the water, called a plumber, and ripped up the carpet. Now the Landlord wants to charge me $1600 for repairs and new carpet. The radiator was very old to begin with, and the plumber mentioned that it was old and worn out. Who is liable here? Thanks!
1 Answer from Attorneys
Re: Apartment Damage Liability
Its a claim you were negligent. That you breached a duty to the landlord. The duty of keeping his property from harm. The duty here was to keep the apartment warm enough so the plumbing didn't freeze.
You argue that the condition of the radiator was such that your breach of duty wasn't the cause of the damage. Making the issue whether but for the pipes freezing there would not have been damages.
Sorry to say that you'll lose on that.
{John}
Related Questions & Answers
Looking for something else?
10,200 active attorneys ready to answer your legal questions today.
Featured Attorneys
Earn additional revenue and grow your business.
