Landlord damage dispute and insurance company subrogation?
July 1st, 2011 | 
Author: Over the holidays I left my college apartment to return home. I was notified on Christmas Eve that my pipes had frozen due to me turning my heat off. The landlord informed me that this happened every year and the average costs were $1000-2000 for the tenants involved.
As terrible as this was to hear, I felt I could get through it. After a couple weeks I called the landlord again to see if I could get more concrete numbers. He informed me that the cost was nearly $4000 now, and mentioned some somewhat high costs for his own labor in addition to the company they hired to clean up the flood in the lower apartment. Amazed at how high the cost had risen, I asked if he could give me a HIGH ballpark figure where there was zero chance it could get any higher. He said $5000.
Approximately 1 week ago I went to pay my rent check and the landlord informed me that he now had all of his figures in, and after talking down some company $1600 (keep in mind the actual estimate should be $1600 higher if they didn’t talk them down) the new and final dollar value for damages was nearly $6900.
I recently received a letter in the mail asking for the $1000 deductible the landlord had to pay to have his insurance company cover the remaining $5900. The letter stated they were unsure as to whether the insurance company would pursue any claim to the $5900 remainder after the deductible was paid to my insurance company.
My question is this:
1) Based simply on my description of the story, does this seem legit or does it seem to have some issues that I may wish to fight the charges in court. I realize the legal system is expensive, and after attorney fees and court costs I may only save a few dollars if I actually win.
2) What in your experiences do you see the chance of the insurance company going after me for the remainder if I do go along and pay the deductible.
Thank you, all help is appreciated.
Just got the itemized list today, they’re charging me $44/hour for his own workers to paint the drywall, install new drywall, and move toilets
Posted in Landlord Tenant Law
Seems the cost are likely to be legitimate, otherwise the insurance company would not be paying.
It is highly likely the insurance company will go after you for the amount they paid due to your negligence.
Try to get a cheap atty by the hour. Was there something in your lease about keeping your heat on at all times to keep pipes from freezing? Granted I am in CA where we don’t worry about that.
But basically, they are saying you have to stay in your apt constantly during the winter or pay someone to come in and heat an empty place? Doesn’t sound right to me. Sounds like it’s the landlords place to make sure he gets plumbing that won’t freeze if people go on vacation. I would refuse to pay and then try to recoup all my expenses I incurred having to deal with this personally.
Afterall, what did you do wrong? How were you negligent?
pips freeze all the time but if they brake causing damage that means they where old and damaged , don’t give him shit .you might need to call some plumbers and ask them if it your fault for bad pips .you may have to go to court over this matter.