Legal Question in Real Estate Law in Pennsylvania
who pays for flood damage
I'm a college student and I lease a house in PA. The pipes in my house recently froze and burst. The day before this a man from the company I lease from came to my house and checked if this type of thing was going to happen. The company did this without permission. The man who checked said he didn't know how this could happen because the house was set at 55 F. I and my roomates were all at home because we had a break. My one roomate went to the house because he had to get something and discovered the flooding the day of it's happening. He then called the company where he talked to the man who checked on the house the day before. Now the company is holding us responsible they say. They also told us that we must remove our hookah or they will call the cops. The hookah has never been used for anything but tobacco and we actually take a strong stand against using hookahs for anything but tobacco. We also correct and inform someone if they suggest that a hookah is used for anything illegal. We were told that were allowed to smoke anywhere in the house. My questions are can they hold us responsible for the pipes and do we need to get rid of the hookah?
1 Answer from Attorneys
Re: who pays for flood damage
You asked about responsibility for water damage due to a water break. (And that thing about a hookah.)
Generally tenants would only be responsible for such damage if the tenants' negligence was the cause of damage. Where the temperature was left up and there was no other evidence of negligence then the landlord is 1) responsible for the water damage to his property, and 2) responsible for ensuring that his tenants have a habitable premises, even if that means he must pay more than the rent to put y'all up in hotels.
Further, if the landlord was negligent in allowing the condition to occur then he could be responsible for the damage to the tenant's personal property. Here, there was obviously a question where the landlord had the apartment inspected for potential problems, also, if the inspector missed something or the landlord failed to tell you about special precautions to prevent the condition. The concept is called last clear chance [to prevent the injury].
Keep the hookah. So long as it hasn't been used for anything then the landlord's report to the police would be fruitless. (Most folks don't understand the difference between a hookah and a bong.) The police would not have any authority to remove the hookah or even enter the apartment without a warrant. But that fact probably will not stop them from seizing the hookah, and you can bet that it will be damaged when they do.
Educate the landlord about the hookah, in writing and explain that you may prosecute a report to the police as a malicious prosecution when you are cleared.
Regards,
Roger
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