Legal Question in Landlord & Tenant Law in Maryland

Water Damagae- who is at fault

My apt. was damaged by a leaking water heater from the apt. above me. I immediatly called emergency maint. when i discovered the damage. (10pm) The maint. guy came and put a bucket under the leak and stated the water was coming from the apt. above me. However, the rental office didn't have a key for that apt., the locks had been changed. The maint. guy stated he would try to enter their apt. once they were home in the morning. I was to call if I heard the neighbors come home. At 5 am I was awakend by my shelfs falling to the ground because the water leak was so bad the plaster in the wall had become water soaked. My carpet was now soaked thoughout my entire apt. And water was now coming out of my ceiling heater vents. I called the maint. dept. however, they went upstairs to fix the water heater that was broken first. 3 hours later, the maint. guy came to my apt and sucked up some water from the carpet. He then pulled up a corner of my carpet and placed a blower under their to dry it. Now 3 days later, my carpet and wall have severe water damage. they stink and it is a true inconvience to sleep to a loud blower at night. The mgt. office claims this is NOT their fault.I didn't have renters ins. Who's fauld is it? And can I sue?


Asked on 4/07/04, 11:23 am

1 Answer from Attorneys
Alton Drew Alton Drew, LLC

Re: Water Damagae- who is at fault

It is difficult to believe that an apartment complex manager does not have keys to its own property. Your lease spells out your rights regarding maintenance. Given the amount of time from when the leak was identified (10pm) and when the roof collapsed (5am) maintenance had enough time to enter the apartment and correct the problem. If there is room for legal action, it cannot be determined until you have your lease reviewed.

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Answered on 4/07/04, 2:27 pm


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