Over the xmas holidays, I was out of town, and came home to find that my apartment had flooded. I called my landlords, and they told me that the sump pump had malfunctioned due to heavy rain, and that they’d fixed it, and would send people to help me out.
The helping out consisted of airing out the place and replacing the carpet. I was given a day that the carpet would be replaced, and was told to move things before then. This, I had no problem with.
The problem that I thought I didn’t have compounded when the carpet installers came the day before they were supposed to, moved things, and put in the new carpet.
Now, pretty much everything that the airing out people moved, and that the carpeters moved, was soaking wet. It was all thrown in a couple of piles, which led to more destruction- I’d already lost many papers and books to the flooding, now the soaked-ness of them drained into other things I owned. I’m currently in the process of bagging up mildewy wet crap all around my apartment and trying to convince some friends to help me lug it out to the dumpsters.
Now, when I talked to the apartment landlord types, I was told that all they were going to do, financially, is replace the carpet and any other structural damage. This doesn’t sound right to me. It was their sump that malfunctioned. If it had been a fire that destroyed my possessions due to their faulty wiring, I’d expect recompense. Is this any different?
If not… Where do I begin? I’m generally non-confrontational, but I’d rather not think that this flooding (the second since I’ve lived here, although the first one was very minor) would destroy my stuff and I’d have absolutely no recourse. So… What do I do?
Thanks in advance- I’m feeling rather helpless about the whole thing.
Wow! That’s truly a drag. Don’t throw anything out until an adjuster has seen it. Report the losses to your renters’ insurance agent. After they pay you, they will try to get the money back from the landlord. Good luck.
If you do not have renters’ insurance, go talk to a lawyer. Sometimes just a lawyer letter will get the landlords moving toward settling with you. Sometimes not and then you have to decide if the value of what you lost is worth paying a lawyer for.
IAAL, but I am not your lawyer. You don’t kmow me, I don’t represent you and I am probably not even licensed to practice wherever it is that you are. This is not legal advice, just common sense.
Do not throw anything away before you photograph it!
Write everything down before you forget the details!
Describe where everything was and how it was possible that it sustained damage.
DOCUMENT, DOCUMENT, DOCUMENT!
And if your damage is estimated to be less than the maximum you can sue for in small claims court, file in small claims and avoid incurring legal fees.
IANAL, this isn’t legal advice, just my opinion. Good luck!
I think that, in general, their insurance doesn’t cover your belongings (even in your faulty wiring hypothetical). You would need to have bought renter’s insurance. ETA: If you could prove that they knew ahead of time that the sump pump (or wiring in the hypo) were faulty, you might have a case.
However, I also think they have a responsibility to take proper care of your items when repairing the damage, and that further damage due to their failure to do so is their responsibility.
Where are you located? I know here in Ontario we have a Provincial organization that would be able to help you, but it’s tough to say if your Province, State or area has one without knowing where you be. Fill us in!
I’m thinking if you don’t have your own contents insurance for your apartment, you are SOL.
Renter’s insurance is fairly cheap and anyone who rents should get it to protect their personal belongings. Sorry if this advice is closing the barn door after the horse has run out.
If there is substantial monetary damage you might be able to deduct the loss on your income tax. That is something you should check out with your tax guy or attorney. I can’t offer that kind of advice officially.
Every lease I have seen says that the landlord will pay for structure damage and cost. Every lease I’ve had ADVISES but doesn’t require renters insurance, which pays for items in the flat, such as furniture, clothes and usually it covers things like someone tripping in your flat and breaking their leg.
Most renters insurance doesn’t cover high items like furs and jewelry and antiques, those must be insured seperately.
You could try suing the landlord. As one poster said, some will settle out of court to avoid the cost of the lawsuit. If you do sue the landlord be prepared to move. Most likely your lease won’t be renewed, and he’ll enforce everything, like noise, rent being due EXACTLY on the first of the month or before and every other detail right to the letter.
I think the fact that the carpet installers threw your undamaged stuff into a pile and made it wet ruining it gives you some legal recourse for that stuff with whomever did it.
This is one of the reasons the OP should either let his insurance company handle it or talk to a qualified lawyer knowledgeable about his state’s landlord-tenant laws. Was the landlord negligent in maintaining the sump pump? Were the first furniture movers negligent? Were they employees of the landlord? Were the carpet installers negligent? Are they employees of the landlord or contractors against whom a separate action could/must be brought? How much damage was caused by the first group vs the second group? If the damages are extensive (i.e., you have lost LOTS of valuable stuff), talk to a lawyer. Take your lease. You may have recourse; you may not. The lawyer will help you decide what to do. Good luck.
And document everything. If you talk to the landlord on the phone, send them a letter immediately afterward saying “I understand from our telephone discussion the following…” Develop a paper trail, just in case.
Again, IAAL, but I am not your lawyer. You don’t know me, I don’t represent you and I am probably not even licensed to practice wherever it is that you are. This is not legal advice, just common sense.
