Who's Liable For Damage Caused By Water Tank Leak?

Q: I'm renting an apartment. My neighbor's hot water tank leaked into my apartment. I didn't discover it for two days, and it did a lot of damage to my stuff. Whose responsibility is it to pay for my damage, and isn't it the landlord's responsibility to notify neighbors when there's a leak so they can look for damage?

A: The key issues here are what did the landlord know and when did he know it. Says Steve Frederickson, an attorney with Columbia Legal Services: "In order to hold the landlord liable for damage resulting from rupture of the water tank, the tenant would probably have to show that the landlord was negligent . . . that he either knew or should have known the tank was defective. Once the landlord discovered the tank failed, he probably had a duty to investigate the extent of the leaking to warn or advise the other tenants that there was potential for water damage. The question would be: Did the landlord do that and as promptly as he should have?"

Frederickson says that if the landlord was not negligent regarding the water heater's condition, and was not advised of the problem until after the damage was done, "then I think it would be difficult to hold the landlord responsible." If you think you have a case, Frederickson suggests you submit an itemized list of your damages to your landlord, asking for reimbursement and information about the landlord's insurance company. Most landlords carry liability insurance for damages caused by their own negligence, Frederickson says. You can file a claim with the company directly.

If the landlord wasn't negligent, and you have renter's insurance, then file a claim with your company.

Q: I'm interested in buying a home in a rural area, perhaps on Vashon Island. However, I've heard that buying rural property isn't the same as buying city property and that there can be pitfalls. Any advice?

A: "There are a lot of issues with buying rural property, and the important thing is that (the buyer) works with someone who is knowledgeable," says Emma Amiad, of Amiad & Associates, a buyer's agent and broker on Vashon Island. That professional can help determine what types of tests are necessary; Amiad says several are commonplace when buying rural property. "Routinely, for instance, we certainly have the septic system examined. If there are slopes or hazardous areas identified, we do a geotechnical study. Depending on the circumstances, we do a soils or water test. And just like in an urban area, you want to do a home inspection."

Some older homes were built illegally; the county building department can tell you whether permits are on file. Amiad also gives a cautious go-ahead for a survey. However, "over the years a lot of folks have basically encroached on each other" without it causing problems, she says. If you're buying a larger parcel and find a fence out of place the best thing might be to be neighborly and just accept it because "that's part of buying in a rural area. You look at the lifestyle of people, the way things are done and you go with that."

Besides starting your search with a real estate agent experienced in selling rural properties, Amiad suggests you visit the local library. Vashon's has a section containing all the land and water studies done on the island. Such information will tell you where wetlands and slide-prone areas are located, among other things.

Q: Is there anywhere besides the local big hardware/home stores where homeowners can go to take basic classes in plumbing, tiling, replacing doors and windows, etc.?

A: Yes, one place is Lake Washington Technical College in Kirkland. During the regular school year it routinely offers two evening classes. The first is Easy Home Repair, which covers topics including ceramic tile application, carpentry, framing and finishing, roofs, plumbing, wiring and weatherproofing. The second class, Ms. Fix-it, focuses on leaky faucets, lighting, caulking, drains, locks and other minor repairs. "Our Ms. Fix-it class always fills because more women are out there, on their own and trying to save pennies on things they can do themselves," says Jari Jacobson, a program specialist. Fall registration information is available by calling the school's continuing education department at 425-739-8112. Other technical colleges, plus area community colleges, may offer these same types of classes. Call the continuing education department of the one nearest you.

Home Forum answers readers' questions every Sunday in the Home/Real Estate section. Send questions to Home Forum, Seattle Times, P.O. Box 70, Seattle, WA 98111, or call 206-464-8510 to leave your questions on Home Forum's recorded line. The e-mail address is erho-new@seatimes.com