Disastrous Water Damage - Tenant Left Washer Valves ON

Disastrous Water Damage - Tenant Left Washer Valves ON

Rental Property Investor · Atlanta, GA · Member since 2015 · 53 posts · 17 votes

Tenants left the washer valves on when moving out causing serious damage when Water Authority turned the water back on. 

1) Tenants disconnected the water a week before the move-out date without informing my PM. The lease requires the water to stay connected for at least 3 business days after move out. Had the water service been on, their mover CORE FURNITURE when disconnecting the washer, would have seen the water gushing out from the open valves and would have known to turn the valves off. In this case, their Mover did not turn off the valves, although I believe the issue originated on tenants disconnecting the water service in violation of the lease as it set off what happened next. 

2) Tenants chose to not notify.  I (Landlord) did ask the water authority to turn water on but I don't have enough experience to realize the washer valves were left open.   So when the water service was turned on at the street, based on the technician, he said for a few minutes he saw the meter spinning and turned it off within a few minutes.  The damage though appears at least 50-100 gallons were gushing out as extensive ceiling, flooring damage occurred.  My insurance did accept my claim but I have a 1% deductible (around $3500). 

3) Water service was turned on and off around 10:30 am per Water Authority. Tenants came back to vacant property to return keys around 2:30 pm and stayed for a while.  He would have noticed the water damage at that time throughout the house but chose to not notify anybody. Had he informed the PM right away, I would have deployed a remediation company in the afternoon instead of finding out the damage in the evening when it was too late to set up the drying system that night, causing continued water damage.

4) I requested tenants to pay for the deductible that I pay out of pocket.  Tenants did file a claim under the liability clause of their own home owner insurance USAA (they leased from me as they had a fire in their own house).  Their insurance added me as a claimant.  USAA hired ALE Solutions to place them in my rental property. Core Furniture was providing leased furniture and washer and dryer as part of the ALE solutions arrangement.  USAA now advised me that they will not accept liability because their insured (my tenants) said they did not touch the valves and it is CORE FURNITURE/MOVER who did not turn it off.  I believe ALE and CORE furniture are the tenants agents and tenants owe me the duty of care and due to their negligence I had a loss on me. 

5) I believe ALE and USAA and Tenants also defrauded us because they signed a 1 year lease which they early terminated and they did not disclose that they had a fire and was displaced.  So the PM brought in this high risk tenants and they caused a smaller water damage a few weeks after they moved in due to loose washer hose.  This last water damage was 4 months after they moved in. 

I believe tenants ultimately are liable for the damage due to neglect and that is covered under their liability policy with USAA.  USAA initially appeared to be helpful but second conversation w/ their adjuster they do not accepting liability.  All I am asking is for the tenants to pay the deductible $3500.  The rest is taken care of by my insurance.  I do not intend for USAA to pay the entire claim. 

One major question I have is: Is there room to legally argue that it was tenants 1) disconnect water service 2) left valves open that led to subsequent damages and therefore they are liable?  Tenant vs Landlord law seems to support this view.  I do understand I am responsible for checking the washer valves when authorizing the turn on of the water service. I admit I do not have prior experience on this and did not know to check this.   Thank you.   

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Rental Property Investor · Concord, GA · Member since 2015 · 3k+ posts · 3k+ votes
5y

So sorry this happened to your property. We only have the water company unlock the meter and never turn it on until we're inside (with someone else outside at the shutoff). We've purchased a number of properties with the utilities off and have no idea what will spray from where when put under pressure. Your insurance company may try to recover from the tenants but who knows...

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  • Bjorn AhlbladPro Member
    Investor · Shelton, WA · Member since 2017 · 6k+ posts · 6k+ votes
    5y

    Contact your insurance company. I'm sure you can file a claim. Can't answer your other questions.

  • Rental Property Investor · Concord, GA · Member since 2015 · 3k+ posts · 3k+ votes
    5y

    So sorry this happened to your property. We only have the water company unlock the meter and never turn it on until we're inside (with someone else outside at the shutoff). We've purchased a number of properties with the utilities off and have no idea what will spray from where when put under pressure. Your insurance company may try to recover from the tenants but who knows...

  • Real Estate Broker · Rochester Hills, MI · Member since 2009 · 2k+ posts · 2k+ votes
    5y

    First, sorry for your situation.  Second, yes, you can legally argue anything, including the tenant did everything you say they did.  Question is, do you have any proof.  This isn't about what you can argue, this is about what you can prove.  

    So, can you prove the first part of #1?  Does the water co agree and have a termination of account for your tenant ~1 week prior to move-out?  If so, then you can prove that they broke the lease as you have a clause that says water must remain on.

    I do agree with your assessment as well that USAA, the tenants insurance co should pay out.  But insurance companies are not in the business of paying out.  Sounds like they are going to make you go to court if you want your 3,500.  Question is is your time/money/effort of chasing 3,500 really worth it?  Clearly USAA has the funds so they are collectable, question is what you will have to do to get it.  

    My guess is you will never rent to another insurance co again.  

  • Rental Property Investor · Atlanta, GA · Member since 2015 · 53 posts · 17 votes
    5y

    Discussed with my insurance adjuster and he seems to indicate there is no path to subjugation although he loved to be able to because he said I was the one who authorized the reconnection.  I want to talk to my insurance's attorney directly as I think law is never black and white and because of 1) and 2), I would argue the tenants were negligent.  However I cannot access insurance attorney directly.  I disagree with the adjuster.  Anybody in this community who works in insurance or with legal expertise could comment on whether tenants liability can be argued?   Outside of dealing with insurance claim, the Landlord & Tenants law does take the position that the damage was caused due to tenants neglect and therefore they are liable for the damage, maybe not from an insurance claim perspective but rather based on Landlord & Tenants law and my lease.  

  • Rental Property Investor · Atlanta, GA · Member since 2015 · 53 posts · 17 votes
    5y

    Yes. I have written proof that they disconnected the water on which date per the water authority.  I have proof also from the PM's move-out inspection report with pictures showing valves were left on.  I have proof from the plumber and water authority the second time I had water turned on I had both of them onsite to check it was safely turned on and confirmed I do not have a leak and that the damage was from the open valves of the washer.   

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