Legal Question in Real Estate Law in Pennsylvania

Tenant/Landlord

Landlord used our bathroom then noticed our hot water was not on so he turned on the valve himself. The hotwater in our sink was never on from the time we moved in. This is a new landlord by the way. We've lived here for 5 years he's owned for a year. Well that night we went camping for two daYS to returned to the bathroom, kitchen, and basement flooded. Our food, our kitchen table and other personal affects are ruined. We have no renter's insurance. Is he responsible, because he never even said he turned it on or asked for permission to open my cabinet to fix it. I am worried that maybe he did this on purpose because he wanted new kitchen and bath because we gave a two months notice. He seems awfully happy now that there will be a new kitchen from the insurance. I just want to know if I have a justifiable civil case to be able to replace some belongings and help pay for water and gas bill because it was the hotwater.


Asked on 6/23/08, 2:16 pm

2 Answers from Attorneys
John Davidson Law Office of John A. Davidson

Re: Tenant/Landlord

You most likely can NOT recover for damage to your personal belongings. That is your responsibility unless you can show the landlord was negligent or acted intentionally knowing it would cause damage neither of which is will be easy to prove. Especially if the hot water had been on more than a day before you went camping.

I am surprised that the lease did not require you to carry renter's insurance. Most leases make that a requirement and that you must show proof of insurance. As a former renter I can tell you renter's insurance is incredibly inexpensive. I got it through my auto insurance company and it was under $10 a months. Even less because I got a reduction in my car insurance.

If you have any questions feel free to contact me. The initial consultation is free.

{John}

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Answered on 6/23/08, 2:40 pm
Roger Traversa Arjont Group (Law Office of Roger Traversa)

Re: Tenant/Landlord

You asked about ruined belongings.

I both agree and disagree with my colleague. Generally a tenant does not have recourse against a landlord for personal belongs. And he's also correct that renter's insurance is effective and quite cheap.

But in this circumstance there is a strong argument that his negligence (in fact gross negligence) was the proximate cause of your losses. You should certainly seek the advice of an attorney to consider suit.

Regards,

Roger

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Answered on 6/23/08, 4:04 pm


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