Are we responsible for water damage not reported to us?

Full question:

My wife and I own 2 separate condominium units in the same building. We are separated but legally co-owners. In May of this year there was a water leak from her bathtub, resulting in water damage to the unit below hers. The building manager, who knocked on her door and informed my co-owner of the leak, called a plumber who came and diagnosed the problem, lack of proper seal in our unit's bathtub. He also fixed the problem. We asked the plumber if there had been damage to the unit below and he didn't seem to think it was major. The manager said the problem was satisfied, and we told her to let us know if there was any damage that needed to be repaired in the unit below. We didn't hear anything more about the problem until last week, when we got a letter from the owner of the unit saying that there was major damage to his unit . He had only now been told by his tenants about the leak, and only now because they are moving out. Now he is demanding that we pay for the damages, including continuing damages after the fact, and saying that we are responsible for a probable mold growth. He says that the mold might even make his unit uninhabitable. Our question is this: isn't the tenant at all culpable for the continuing damage if indeed there was continuing damage because they did not inform their landlord of the initial leak. They were aware of the leak because they are the ones who called the resident manager in the first place. The resident manager is an employee of our homeowners association. The association has consulted its attorney and determined that this is between the two owners and not legally answerable by it. Thank you.

• Category: Landlord Tenant
• Date: 04/07/2025
• State: California

Answer:

Water damage mitigation is something that must be dealt with quickly and effectively. Most home insurance policies not only cover the cost of water damage mitigation, but also require the policyholder to take the necessary steps to prevent secondary damages. If the insurer inspected the damage, they may not have taken proper measures to repair the damage. The EPA says, "Stop the water leak quickly and begin restoration during the first 24 hours. It is important to dry water damaged areas and items within 24-48 hours to prevent mold growth".

Any person who claims damages as a result of an alleged wrongful act on the part of another has a duty under the law to "mitigate" those damages, which means a person needs to take advantage of any reasonable opportunity that may have existed under the circumstances to reduce or minimize the loss or damage. If a jury finds from a preponderance of the evidence that the Plaintiff [within the limitations of any damage sustained] failed to seek out or take advantage of a repair opportunity that was reasonably available under all the circumstances shown by the evidence, then the jury should reduce the amount of the Plaintiff's damages by the amount that could have been reasonably expected if the Plaintiff had taken advantage of such opportunity.

Please see the information at the following links:

http://definitions.uslegal.com/m/mitigation-of-damages/
http://definitions.uslegal.com/m/mitigation/
http://rmtd.mt.gov/aboutus/files/water_damage.pdf
http://www.epa.gov/mold/moldcourse/chapter4/
http://definitions.uslegal.com/c/contributory-negligence/
http://lawdigest.uslegal.com/real-estate-laws/landlord-tenant-rights/
http://lawdigest.uslegal.com/real-estate-laws/leases-and-rental-agreements/

Please see the form at the following link:

http://www.uslegalforms.com/us/US-00965BG.htm