Washer removal floods apartment and leaves liability questions

The information in this column is intended to provide a general understanding of the law, not as legal advice. Readers with legal problems, including those whose questions are addressed here, should consult attorneys for advice on their particular circumstances.

Q: I rented a washer and dryer at my last apartment, and when they were removed at the end of my lease, the workman didn’t turn off the water completely, and this flooded my apartment. The apartment management wants me to pay the $1,200 repair bill. Must I pay this bill?

A: I think you are liable for the damage. If you read your lease, it probably contains a provision saying so.

However, you may be able to get the company that rented the washer and dryer to you to reimburse you for the amount you are required to pay, as it was the workman’s negligence that caused the damage. Of course, getting the company to pay might not be easy, especially if the workman was not an employee of the company that rented the equipment to you.

If the company doesn’t voluntarily reimburse you, you could try suing in Justice of the Peace Court. You do not need a lawyer to represent you in your small claims case, but you will need to know the steps that must be taken to file suit. You can find information regarding this subject on the web.

Q: My mother and her two brothers inherited property from their parents. All of them are deceased, as are their spouses. Do the deceased spouses or any other relatives have an interest in this property? Is there a law or statute where this is explained?

A: There is no way to answer your first question without much more information.

The one-third interest that was owned by each of the two brothers had to have passed somewhere when they died. If a brother died with a will, then you would need to see who he left the property to in the document. (Of course, that assumes the will was valid and probated.)

Spouses often leave property to each other, so if the wife of a brother was living at his death, she might have become an owner. And then you would need to go through the same analysis to determine who inherited their interests when she died.

If a brother died without a will, then the Texas laws of intestacy would control where the property went. In that case, the brother’s children would now own undivided interests in the property, assuming the brother had children.

As you can see, a lot of questions need to be answered to determine who owns the property.

The laws that address these intestacy issues are all found in Section 201 of the Texas Estates Code. You can find the statute here: www.statutes.legis.state.tx.us/

Ronald Lipman, of Houston law firm Lipman & Associates, is board certified in estate planning and probate law by the Texas Board of Legal Specialization. Email questions to stateyourcase@ lipmanpc.com