All about tenant rights when an apartment is flooded

Of the many challenges faced by a tenant in a rented apartment, those caused by water, especially flooding, are not given much thought. While an owner may have several options, it is an ordeal for a tenant to deal with a flooded apartment. Check this guide to learn about tenant rights in this kind of situation.

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Apartment flooding

Accumulation of water in large amounts inside an apartment due to heavy rainfall or other reasons, such as pipe bursts, is called apartment flooding. This water accumulation can cause severe damage to the property and affect the health of the tenants.

Apartment flooding: Tenant’s responsibilities

If an apartment is affected by water or floods, the following are a tenant’s responsibilities and rights.

Notify the owner: Inform the owner about when the flooding started, the extent of damage and the urgency of the corrective action.
Document the event: Take videos and pictures of the flood and the extent of damageas proof in case the house is covered under insurance or other legal hassles.
Get legal help: Check with a lawyer to know if you as a tenant can stop paying rent until the flood-affected house is renovated into a liveable state by the owner. You can consider termination of the rental lease on this basis.

Apartment flooding: Landlord responsibilities

When handing an apartment to the tenant, a landlord should ensure that the property is fit to stay. Under the Model Tenancy Act, 2022, landlords should ensure that:

The structural integrity of the building is perfect.
The house is painted regularly.
The pipes in the house are serviced, maintained and replaced when faulty.
Electrical wiring, both internal and external, are compliant with safety standards.

In case of flooding in the apartment, a property owner must take steps to ensure the tenant’s safety and comfort.

The problem caused by the floods should be identified.
Professional services should be arranged to resolve the issue immediately.
The landlord should check with the insurance company in the case of home insurance. In the absence of one, he should take care of the costs so that the repair work is completed at the earliest.
In case the damage caused by the flood is extensive and staying in the house is unfit, certain states provide a legal provision for arranging alternate accommodation for the tenant and cover the cost of the same. Check the rental document of your state to get more details.

Cleaning the apartment after flooding

Before starting the cleaning process, switch off the main water, electrical and gas supply. If the flooding level is high, get out of the house and call emergency services for help.
Remove the water from the house using a bucket and mop. If the water level is high, use a pump to throw the water out.
Once the water is removed, dry and disinfect the area.

How to prevent your apartment from flooding?

Check the plumbing regularly: Check for leaks from appliances, faucets and pipes and fix them.
Waterproof areas that are prone to flooding, including
Clean the gutters and drainage regularly and remove any debris as these will restrict the easy flow of water, leading to clogging and flooding.

FAQs

What is the first thing to be done when the apartment starts to flood?

Switch off the gas and electrical supply. If the water level rises, get out of the house.

What is the landlord’s responsibility under the Model Tenancy Act, 2022?

Under the Model Tenancy Act, 2022, the landlord is responsible for repairing and maintaining habitable conditions.

How can you prevent floods in your home?

Ensure that there is proper drainage. Check all the plumbing regularly for leakage and attend to them if a leak is found.

How do you get water out of your home in case of a pipe burst?

Turn off the main water supply. Use buckets and mops to wade the water away. In case the flooding level is high, use a pump to remove water.

How can you dry the floors after flooding?

Use a dehumidifier to dry the floors after flooding.

Got any questions or point of view on our article? We would love to hear from you. Write to our Editor-in-Chief Jhumur Ghosh at jhumur.ghosh1@housing.com

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