Water Damage in Your Rental: Steps to Take

After a leak or flood in your rental, stop the water if you can do so safely, photograph the damage before you clean up, and notify your landlord in writing the same day. Then move your belongings away from the water and start drying wet areas, because the U.S. Environmental Protection Agency (EPA) says mold usually will not grow if wet materials are dried within 24 to 48 hours. The landlord pays to repair the building; your renters insurance can pay for belongings damaged by a covered cause, subject to your policy's deductible (the amount you pay yourself) and limits. Standard renters policies exclude flooding and commonly exclude continuous leaks.

What to do in the first 48 hours

1. Make the area safe. Ready.gov warns not to touch electrical equipment that is wet or while you are standing in water, and to turn off the electricity only if it is safe to do so. Stay out of floodwater, which can be contaminated and carry debris.
2. Stop the water at its source. Close the shutoff valve under the sink or behind the toilet, or the unit's main water valve. If the water is coming from the roof, another unit, or a building pipe, call the landlord's emergency maintenance number right away. For a leak that keeps coming back, see plumbing problems in your rental.
3. Document before you clean. Take photos or video of the water, its source, and every damaged item, and list each item with roughly what it cost. The Texas Department of Insurance advises recording damage before any repairs and keeping receipts for materials you buy to limit it.
4. Notify the landlord in writing. Send a text, email, or portal request that says when the leak started, where the water is coming from, and what is damaged, with photos, even if you already called. Written notice can start legal deadlines. In Washington, the landlord must begin repairs within 24 hours when a problem cuts off water, heat, or electricity or is imminently hazardous to life, within 72 hours when it takes away a major plumbing fixture the landlord supplied, and within 10 days for other problems, unless circumstances are beyond its control.
5. Protect your belongings with temporary fixes only. Move furniture, rugs, and electronics to a dry room, and set out buckets and towels. The Texas Department of Insurance says to make only temporary repairs, because an insurer might deny a claim if permanent repairs are made before it sees the damage. Leave removing wet drywall, carpet, or flooring to the landlord, since those belong to the building.
6. Call your renters insurer. Report the loss as soon as possible; some policies set a one-year deadline to file. See how to file a renters insurance claim.

Who pays for what

The Texas Department of Insurance puts the main split plainly: your landlord's insurance will not cover your personal items, and renters insurance will not pay to fix the house or apartment building. Its home insurance guide, which treats renters policies as one type of home policy, adds that most policies cover a sudden and accidental release of water but not a continuous leak. Additional living expenses coverage pays qualifying lodging and meal costs above your normal living expenses when a covered loss forces you to move out temporarily. Payment is subject to policy limits; see additional living expenses coverage.

Your own carelessness can cost you. California's state tenant guide explains that a tenant can be legally responsible for losses the landlord or other tenants suffer because of the tenant's negligence, that a landlord's insurer that pays such a loss may sue the tenant to get its money back, and that renters liability coverage should pay some or all of that liability.

When the landlord is at fault, state repair laws can add money. In Texas, if you give the repair notices required by Texas Property Code section 92.056 while current on rent and the landlord does not make a diligent effort to fix a condition affecting health or safety within a reasonable time (presumed to be 7 days), a court can order a rent reduction and award your actual damages, a civil penalty of one month's rent plus $500, and attorney's fees.

Dry everything fast to prevent mold

• Dry within 24 to 48 hours. EPA recommends drying water-damaged areas and items in that window. Open doors and windows when safe, and use fans or a dehumidifier only when electricity is safe to use. If mold has started growing, do not use fans until visible mold is cleaned up. Do not use heating or air-conditioning equipment or ducts affected by flooding until a professional confirms they are safe.
• Call a professional for dirty water. If the water was sewage or otherwise contaminated, EPA says to bring in a professional rather than cleaning it yourself.
• Ask the landlord for drying help. EPA says ceiling tiles, carpet, and other absorbent materials may have to be thrown away once they become moldy. Because those materials belong to the landlord, ask in writing for a water mitigation company (a contractor that dries out buildings and removes wet materials) if the landlord has not already sent one.
• Expect limits on mold coverage. The same Texas guide says most policies will not pay for mold removal except to repair damage caused by a covered risk.

Report a musty smell or new spots that appear after the cleanup in writing. Our guide to mold in your rental explains when the landlord must remove it.

If the unit becomes unlivable

When water damage makes all or part of the home unusable, state law decides whether you can pay less rent or leave. Four examples:

• Florida: if the damage was not caused by your wrongful or negligent acts and it substantially impairs your use of the home, you may end the lease and move out immediately, or move out of only the damaged part and have your rent reduced by that part's fair rental value (Fla. Stat. section 83.63). The landlord must let you collect your belongings when it is safe, or give you a date within a reasonable time.
• Texas: if a casualty (sudden damage, such as from a storm or fire) leaves the home totally unusable as a practical matter and you, your family, and your guests did not cause it, either you or the landlord may end the lease with written notice before repairs are finished (Texas Property Code section 92.054). You get rent back prorated from the day you move out, plus any deposit refund the law requires. If only part of the home is unusable, a rent cut requires a court judgment unless your written lease says otherwise. For an insured loss, the landlord's time to repair starts when it receives the insurance money.
• New York: if the building becomes unfit to live in because of the elements or another cause that was not your fault, and no written agreement says otherwise, you may move out, give the home back to the landlord, and owe no rent for the time after that (Real Property Law section 227).
• California: if a serious health or safety defect you did not cause is not repaired within a reasonable time after you notify the landlord, you may give written notice, move out, and owe no more rent. The state guide says 30 days is usually reasonable, but a day or two may be enough when none of the toilets or drains work.

Outside these rules, keep paying rent and get any rent reduction agreed in writing; Texas, for example, lets a landlord recover damages from a tenant who withholds rent in violation of its repair statute. For what counts as an emergency, see emergency repairs, and for writing and tracking the repair request, see how to report maintenance issues.