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RWuest · Sep 12, 2008, 02:57 AM

Washington State.

The other night we walked out of the bedroom around midnight to find the entire house flooded. Something happened with the washing machine, and water had just been pouring out since 9pm when our roommate started laundry. Literally the carpets absorbed so much water that water was raised on top of it. We called the landlord, which is always a task since he doesn't speak english very well at all. Anyway, he came over right away and attempted to shop vac the water, which didn't work, so then he had us gather all of our towels, and help him soak all of the water up as best we could. The next day he came over and shampooed the carpets in hopes that it would soak up the water underneath the carpets, then he told us to leave the back door and windows open at all times with fans going constantly. The carpets are dry now, but the entire house smells of mildew, and I've been getting frequent headaches, which is probably just paranoia, but what is the best way to communicate that there is a problem, when we don't think that the landlord will change the carpets anyway?

rockinmommy · Sep 12, 2008, 06:10 AM

Get out your lease and read exactly what it says in regard to repair requests. Also, see the link to your state's LL / tenant laws in the sticky at the top of the forum. See if that gives you any additional remedies.

Isn't it a fairly humid climate where you live? He didn't do enough, or enough proper proceedures to dry it out. The carpet pad will retain moisture like crazy because it's a foam/rubber-like material and under the carpet like that it's can't dry out / air out.

I would follow whatever your lease or state laws say for repair requests. That way you'll have a paper trail. If he doesn't have it professionally attended to it will get worse - not better. Yuck.

One other thing to consider... is it your washer and dryer, or does it come with the unit. If it's yours and you installed it he could hold you guys responsible for the damage. Do you have renter's insurance?

RWuest · Sep 12, 2008, 11:21 PM

No renters insurance, and the washer and dryer came with the apartment, they aren't our own.

rockinmommy · Sep 13, 2008, 10:01 AM

Ok. You shouldn't have any liability then.

Have you read your lease and checked your state law to see what you need to do?

JudyKayTee · Sep 13, 2008, 10:52 AM

Originally Posted by rockinmommy

Ok. You shouldn't have any liability then.

Have you read your lease and checked your state law to see what you need to do?

Without knowing what caused the flooding, I think it's difficult to decide liability. I do find water flowing into and out of a washing machine from 9PM to Midnight, unnoticed, to be partially the fault of the tenants. Appliance companies advise against starting appliances and then leaving the residence for exactly this same reason. Of course, we've all done it but I think that could factor into liability.

Will be interesting when it's time to refund the deposit.

ballengerb1 · Sep 13, 2008, 11:33 AM

I won't attempt to answer your questions from the legal end. As a home expert I can tell you the LL approach to cleaning up the mess is so totally incompetent its laughable. Once carpet is soaked the padding must be thrown out, fllors dried and sprayed with mildewcide, carpets cleanede and the floated. By floating I mean large blowers are placed under the carpet at several points in the room. The blowers run for sveral days keeping the carpet floating off the floor. You headaches can well be from mold and mildew. Tell your LL to come over and smell the place and say it needs to be fixed properly or you may need to call the local heath department because it is making you sick. Follow this up in writing, call the health department if he has not responded to your certified letter in 5 days, prepare to move out at the end of the month because I doubt if the LL will take to proper steps. If he fails to rent your deposit sue him in s,all claims, have pics and copies of all letters and heath depatment reports with you in court. Oh wait, I said no legal advice so strike those last 3 sentences.

rockinmommy · Sep 14, 2008, 12:30 PM

Originally Posted by JudyKayTee

Without knowing what caused the flooding, I think it's difficult to decide liability. I do find water flowing into and out of a washing machine from 9PM to Midnight, unnoticed, to be partially the fault of the tenants. Appliance companies advise against starting appliances and then leaving the residence for exactly this same reason. Of course, we've all done it but I think that could factor into liability.

Will be interesting when it's time to refund the deposit.

Well, you're right, of course.

JudyKayTee · Sep 14, 2008, 02:00 PM

Originally Posted by rockinmommy

Well, you're right, of course.

I've been waiting for you to post - how did you make it through the hurricane? I honestly have been thinking about you.

And, to make this a real estate and not go off topic - which I always complain about and now I'm doing it - your properties and tenants?

Fr_Chuck · Sep 14, 2008, 02:11 PM

This is of course a issue of liability and fault, if the washer is owned by the landlord ( not merely left there by a previous tenant and you got to use it) then he has some percent of fault, allowing it to run for 3 hours un-noticed also puts some fault on the renters. So while he may have to replace the carpets, the tennats will most likely have to pay a share of the loss.
Thus of course why renters insurance is a must.

ballengerb1 · Sep 14, 2008, 07:00 PM

"we walked out of the bedroom around midnight" they were preoccupied, probably not a legal excuse but understandable. If a previous tenant left a washer behind and the landlord kept it in place he has taken owner ship which includes responsibility. Does the lease say anything about the washer being supplied to you with the apartment?

RWuest · Sep 14, 2008, 07:01 PM

Well we didn't leave the residence, we were just sleeping. It would have gone on all night had I not woken up to use the restroom... it's strange to think that it could be our fault for going to bed... I don't know anyone that inconveniences their lives for the sake of laundry.

RWuest · Sep 14, 2008, 07:02 PM

Well the lease states that we pay X amount of dollars to rent a 3 bedroom, 2 bath home with DW/W/D, and yard... so I assume that means... yes?

ballengerb1 · Sep 14, 2008, 07:11 PM

Yep, washer is included and I hate to go againist the respected legal thinking but I see no liability on your part here at all. If you went to bed at 9:00 and found the leak at midnight it does not make your responsible or liabile for damages. Not an attorney, just a LL and home repair expert with lots of experience.

rockinmommy · Sep 15, 2008, 07:09 AM

From what you've told us at this point, if the washing machine was hooked up by the landlord and has been left in place up until now the way he had it when you moved in I wouldn't think you'd have much if any liability. Possibly, if your lease says something about not leaving the washing machine unattended or something, but I doubt it. That doesn't mean the landlord couldn't try to make a case against you. But I think you have a good case against.

At this point the biggest issue is what's he going to do about the moisture problem - which isn't going to get better on its own.

Have you written him? I would stay on top of this. If it goes untreated it could cause health issues. It can create allergies / respiratory problems in people who didn't previously have them, etc. Unless he gets on it pronto, I'd start looking for a new place. I think this is one of the few instance where you'd have great grounds to break your lease (assuming he doesn't properly address the issues.) (Weren't you having other issues with him / this place? Or was it just roommate stuff?)

JudyKayTee · Sep 15, 2008, 09:08 AM

Originally Posted by RWuest

Well we didn't leave the residence, we were just sleeping. It would have gone on all night had I not woken up to use the restroom... it's strange to think that it could be our fault for going to bed.... I don't know anyone that inconveniences their lives for the sake of laundry.

No one said it could be your fault for going to bed or that anyone should inconvenience her life for the sake of laundry. The question is what is and is not prudent.

You asked a legal question. I gave you what I think COULD be the scenario, as did others.

Not everyone agrees, obviously, and, again, if you can't resolve this with the landlord, then the Court will decide.

excon · Sep 15, 2008, 09:23 AM

Originally Posted by RWuest

Something happened with the washing machine, and water had just been pouring out since 9pm when our roommate started

Hello again, R:

Yes, something happened. It's either one of two things; 1) your roommate did something WRONG, or 2) the machine BROKE. It behooves you to find out exactly what DID happen.

IF the operation of the machine was proven to be negligent, YOU are liable for the entire cost. If the machine failed, the landlord is liable for the entire cost.

Did you hire a repairman? Did the landlord hire a repairman? IS it repaired? If it were me, I'd hire MY OWN repairman to find out EXACTLY what it was that happened.

excon