So i'm renting my apartment and this happened? help?

[doran]

Okay, i'm renting this apartment and the building is reaally old (it was built in 1973). Recently a tap in the shower is leaking/dripping for about 2 weeks now (at first it was just dripping a little bit so i didn't think to hire a plumber to fix it, hiring a plumber in Aussie is so ridiculously expensive), the real problem is, for some unknown reason, my neighbor who live below me on the 4th (mine is on the 5th) said their bathroom ceiling is leaking and complained to my landlord. They said water is dripping from above their ceiling. My landlord then called me and he said he's gonna come to take a look and fix it. The way my landlord talked to me on the phone somehow hinting to me that the costs to repair the leak would be billed to me. I was thinking if he send the bill to me, no way i would pay it because i think it is about ENGINEERING (or whatever you wanna call it) failure rather than my fault. How in the hell they DIDN'T properly make the bathroom floor water-proof. My landlord is also surprised when i told him that my property agent never sent me a notice regarding the complain from my neighbor. I don't know about the law regarding this kind of problem in Australia but if they told me to pay the repair costs, could i somehow refuse it based on any legal reason? Thanks in advance!

[freedom97]

You could be liable becauase you didnt let anyone know about the leak causing downstairs to get flooded. If you had phone your landlord and told him about the problem it would of been his fault if he didnt get it fixed, but you failed to tell him, it was your responsibility to identify the leak and phone him, but you didnt. He cant just read minds and get it fixed. So this might be why you are liable now.

Didnt mention you being ignorant. And did you mention in your first bit that you had consulted your landlord about the original leak... no you just mentioned the complaint agaisnt you so why didnt you mention before that you had tried to get the problem solved before. Was only trying to help you and figure out why you have been charged. I wont in the future.

[jasper]

Generally speaking, the landlord is responsible for repairs that are the result of wear and tear or poor design. Had you broken something that caused the leak than you would likely be liable but it sounds like that isnt the case.

The best thing to do is look over your lease paperwork. Situations like these happen all the time and this is why leases are so damn long and complex to read because they have to have clauses in there for nearly every type of scenario you could encounter.

The likelihood is that your landlord is responsible but you need to confirm by reading your documentation carefully.

[bothan]

LAWS VARY BY STATE and COUNTRY

"Recently a tap in the shower is leaking/dripping for about 2 weeks now"
"I let my property manager know 5 days ago "
"said water is dripping from above their ceiling"

Typically, you are responsible for notifying the landlord (or his agents) about repairs & maintenance, especially regarding ones that can cause extensive damages.

In the US, the landlord is responsible for the plumbing, not the tenant. So, failing to notify the landlord about a problem that causes additional damages would be the liability of the tenant.

You said the faucet was leaking, but you did not indicate from where. If it appeared to be leaking from the spigot (where the water normally comes out) then it would appear to be a faulty "seat" (washer inside faucet that stops the water). This kind of leak would not cause additional problems as the pipes and fittings are (we assume) still intact.

However, if the leak was coming from around the faucet or the controller/diverter and not out of the spigot (tub or shower head, then the solder joints, or even the faucet body or pipes themselves, would be the cause. Then there is the potential fro a very great deal of damage as you cannot tell how much water is leaking inside the wall. In this case, failure to notify the landlord IMMEDIATELY would, quite possibly, lay liability for the damages on the tenant's shoulders.