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-   -   My building manager tells me he will make me pay for the damage. Am I responsible? (https://www.askmehelpdesk.com/showthread.php?t=837459)

  • Feb 26, 2018, 05:47 PM
    damianfkil
    My building manager tells me he will make me pay for the damage. Am I responsible?
    I am a tenant, renting a unit in an apartment. Some time ago, apparently there was a micro-fracture in the water tank and was dripping down, without me realizing the problem. I only found out about the fracture when my building manager visited my room and found out what happened. Then the building manager closed the water value and told me to not use the toilet. The cost will be covered by the warranty, and it is to be repaired in the near future.

    Then, one day, I woke up and use the toilet, haphazardly out of habit. I naturally had to turn the valve back on to flush, but then I forgot to turn off the water valve back. Apparently that caused some problem, because after that the people living under my unit came up and complained. I apologized, thinking 'that was that, I was careless'. Then my manager called my landlord, saying that if I do that again, he will make me pay for the damage.

    I acknowledge that I made a mistake. However, I cannot come to believe that I can be held accountable for the damage just because of the mistake. I looked up the tenant responsibilities for where I live, and it vaguely states that as long as the tenant 'reasonably maintains' the unit, I cannot be held responsible for the damage (B.C., Canada). I wonder if the building manager is in position to threaten me like so.
  • Feb 27, 2018, 02:52 AM
    talaniman
    Yes he is in a position to report you and hold you accountable for the damages your mistake caused. You were instructed about the conditions and made a mistake by ignoring that instruction, and NOT doing due diligence, and caused a problem. Yes the manager was well within his rights to threaten you with further action. Acknowledging your mistake doesn't relieve you of the responsibility and consequences of your actions.
  • Feb 27, 2018, 05:37 AM
    smoothy
    I agree with tal. You clearly caused this issue... (forgetting isn't an excuse that will get you out of it) Damage is done, its going to cost money to repair. Why should they bear the cost for a mistake you made? Put yourself in their shoes how willing are YOU to pay for a problem someone else caused after having been warned not to do something.
  • Feb 27, 2018, 05:52 AM
    joypulv
    You were told to 'not use the toilet??' (Or apparently to turn the valve on and off each time you use it.) The small crack in the tank would be 'fixed in the near future??'

    NO, you are NOT responsible! THEY are, for not fixing it immediately!! You don't say how long it's been, but write this entire set of events down, with dates, and go on the offensive against the landlord!!

    Responders above, HUH??
  • Feb 27, 2018, 08:04 AM
    talaniman
    Hey Joy, we rarely disagree, but I have to this time, because unless this is somewhere we know nothing about, then the water tank is a hot water tank and if its leaking you turn it off, but toilets use cold water feeds which has nothing to do with the hot water tank. I have never seen, in apartments or homes, where turning of the feed to the hot water tank also turns off the cold water.

    Correct me if I'm wrong, hard to tell from the way it is written, "near future" could be days, or weeks, but immediate is impossible, and contract language uses "reasonable" or "timely" for repairs. Cold water shutoffs are generally isolation valves under sinks and toilets, with main shutoffs where maintenance can get to them, and not have to enter an apartment.

    So exactly what valve is being shut off is the question. I'm betting poster doesn't know. Or maybe the manager doesn't know either. If instruction was flawed you have a case. However that has nothing to do with making a mistake and forgetting to shut the valve back off. One ,istake can be forgiven, but not repeating the same mistake.

    We could stand some clarity here Damainfkil. FACTS!! Or Joy will hate me! 8(
  • Feb 27, 2018, 09:42 AM
    joypulv
    He means the toilet tank!
  • Feb 27, 2018, 10:10 AM
    talaniman
    If that's the case then my answer stands as written in my first post. Sorry Joy don't hate me. Yeah I might raise hell at the landlord for the inconvenience of using a bucket to flush my toilet for longer than a few days, but I sure would never cause any more damages, because I forgot to turn the valve off AGAIN.

    The poster has been warned.
  • Feb 27, 2018, 04:04 PM
    joypulv
    I will never hate you talaniman.

    A key question for the poster is how much time has elapsed. It is very easy to replace a tank. I've done it, and I can't do much of anything.
    I'd be inclined to see if your Home Depot has the right one (they will), get the price, and tell the manager YOU are going to replace it. You need nothing but a wrench and know how to move the flush assembly over.
    Of course, I guess you don't sound very handy... so just tell them that a 'reasonable time to fix it is ending in X days, according to what the local tenants' group says.'
  • Feb 27, 2018, 04:33 PM
    cdad
    Another thing not being mentioned is how much "damage" was caused by the mistake. It sounds like they are trying to transfer the cost of the complete repair off to the tennent. Another thing in question is there is a warranty associated with the unit and not having a working toilet may violate the terms of the rental and the tennent may not be obligated to pay rent for the number of days it was in disrepair - turned off.

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