What are a Tenant's Rights when Their Apartment has Water Damage?

Water damage can have devastating consequences on your apartment. At worst, it will make your apartment unlivable and permanently ruin whatever property you had inside. Even seemingly minor flooding can have devastating long-term consequences. Wet surfaces are fertile environments for mold, which can further damage the apartment and create substantial health hazards. Your landlord must repair the damage, but only up to a point. Furthermore, there is always a possibility that your landlord either does not complete the repairs promptly or refuses to make them at all. This is why it is important to know what kind of rights you have as a tenant in the event of water damage.

Tenant Rights and State Laws

While the basic principles behind tenant rights are the same everywhere in United States, details vary depending on what state you live. For more information, consult your local housing authority or any of the local tenant rights organizations.

Eviction

If your apartment suffered water damage, your landlord can only evict you if your apartment has been totally destroyed, damaged so badly it is no longer suitable to live in. The only exception to this rule is if your lease specifically states that your landlord has a right to evict you if the damage is partial. It should also be noted that if you have an oral month-to-month lease, your landlord has to cancel your lease by giving you 10 days notice before the end of the rental month.

Rental Payments after Flooding

If you have to leave an apartment do to severe water damage, you do not owe your landlord rent for that month. You will not have to pay rent until your apartment is completely repaired.

Lease Cancellation

You have a right to cancel your lease if the apartment is either partially or totally destroyed. In the former case, the damage has to be extensive enough to require complex, extensive repairs. If the damage amounts to something smaller (for example, a ruined carpet), you do not have the right to cancel the lease.

If you are going to exercise this right, be prepared to make your case before the court. Collect evidence and, if possible, consult a lawyer,

Water Damage Related Repairs

Your landlord is lawfully required to fix the damage to the apartment itself at his or her own expense. This includes the rooms, doors, walls, balconies and utilities. The landlord is not required to pay for repairs of your furniture or any personal belongings you may have in your apartment. The only exception to this rule is if you can prove that the water damage was caused by landlord's negligence. For example, you might be able to show that it was due to a leaking roof that the landlord hasn't fixed, in spite of knowing about it for months.

Delays in Required Repairs

If your landlord does not make repairs to the apartment building in a timely manner, leaving your apartment unfit to live in, you have a right to cancel the lease. You should be prepared to prove that the damage was substantial enough to warrant the cancellation. Alternatively, you have a right to make the repairs yourself and deduct the repair-related costs from your monthly rental payments. Those deductions should be reasonable (which is to say, not too extravagant). You do not have a right to stop paying rent altogether while you make repairs.