Uh…. I got a bit of a problem here. First off, some background… I live in Illinois. Second, I am a college student renter. Third, I have no renters insurance.
Finally, it’s about to storm, really hard.
Now the good stuff:
About a month ago, we had a horrible storm rip through the Midwest. In my town, we had recorded 116mph winds and horrible storm. Much of the town was in shambles. There was minor damage to my roof which appeared to be shingles blown off and a few branches sitting on the roof. Assuming the landlord would take care of it, I didn’t think twice. I live in a one-story two bedroom house. My lease is about to expire so this morning while packing, the ceiling caved in…. we’re talking 10ft hole X 15ft hole. I can look up into the ceiling and see sunlight shining in. This means, when the rain comes, it’s coming in.
here’s the pics: http://farm4.static.flickr.com/3626/3593667594_5d3af060c1.jpg?v=0 http://farm4.static.flickr.com/3148/3592859219_da8281a5ff.jpg?v=0 http://farm4.static.flickr.com/3610/3593667362_ee3c010d48.jpg?v=0http://farm4.static.flickr.com/3332/3593666906_be04da83ce.jpg?v=0
Already, when the ceiling caved in, it fell on my laptop and left it inoperable. The TV is wet and unplugged and my blankets and some clothes are ruined. I called three times before he was able to send his brother over (who was just here on his behalf. His brother has no part of his rental business)
So, I think it’s evident that he didn’t fix the roof after the storm, the water caused heaviness, and collapsed the whole ordeal.
So, I have no idea where to go from here. He still won’t return calls…. I’d be happy with him showing up with tarps to prevent the rain from coming through when the rain hits… even a temporary fix.
Now, the questions:
Is he liable for my $1,500 laptop and other damages?
Who should I call to get him to bring his a$$ over here NOW and put a (even temporary) fix on this place?
What laws am I covered under as a renter?
You did the right step taking pictures. Take more, and like Dr. Drake said, document everything.
Your lease should state that the landlord has to take care of situations like this. Your place is left uninhabitable, which means you may be able to get your last month’s rent back, or a portion thereof.
In the meantime, buy a tarp, and keep the receipt.
the vague two-page lease appears to be written by someone without a legal background. There is nothing outlining such situations or remedies… this is the first place I looked. Everything on there is vague and appears to aim only to protect the landlord.
You really shouldn’t have signed such a document, however it’s not at all hopeless. There is nothing in there which will absolve him of his obligations as a landlord; what those obligations are will vary from state to state but in general he is responsible for keeping the place livable and he may be liable for damages such as the cost of staying in a motel until the repairs have been made. As others have said, do seek legal counsel.
Did you mention the missing shingles to the landlord?
Generally speaking, when a ceiling is about to collapse, you’re going to see some warning signs – stains, dripping and bulging. Were you just ignoring the symptoms on the theory that it was not going to be your problem after you left?
From my experience with similar catastrophes (flooded basement), if you don’t have renter’s insurance, you’re probably SOL. Leases are generally written to protect the landlords against this kind of claim.
The first thing you should do is send the landlord a letter and photos. It should simply and factually describe what happened, list all the damages, and specifically indicate that there is a hole in the ceiling exposing the appartment to the weather. Don’t make any demands or anything like that. Send the letter certified mail.
Bring a copy of the letter, photos and your lease contract to an attorney. An attorney will give you specific advice on:
-Whether or not you are entitled to compensation for your damaged shit (I suspect not, that’s what renters insurace is for but IANAL).
-What steps you should take to effect repairs on the place (ie letter to the landlord, call to the town building inspector, withholding rent).
-Whether or not the appartment is “unlivable” and the lease contract is broken.
Note that all your communications with your landlord should be by certified mail or email. If you do have a phone conversation, follow it up with “as per our conversation on …”.
Advice #1: Get some real legal advice from a real lawyer.
But with that in mind, my non-lawyer opinion is that you’re probably out of luck. I doubt the landlord is going to be liable for damage to your personal property caused by an “act of God”. My guess is that his liability is limited to the rent.
Finagle is quite correct that failing to give the landlord notice was a big mistake. Generally, your landlord’s liability does not kick in until you do so. He is also right that landlord-tenant law does not make the landlord an all-purpose insurer for his tenant.
You should consult with an off-board legal professional, such a person may be able to determine facts that alter this analysis. Note, for instance, that I have not addressed his inaction now that you’ve informed him of the problem, which could rise to the level of constructive eviction – another reason to talk to a lawyer or legal aid orgainzation. (If you are a student at UIUC, we have a student legal services office and the Tenant Union.)
However, my gut impression is that you face an uphill battle if you seek recourse against your landlord.
My leases have the clause in them stating that the tenent is responsible for obtaining renters insurance and the landlord is not responsible for any damage caused to tenants personal property by unforseen events.
He may have a chance baised on the fact that the building suffered damage in one storm and it was not fixed in a timely manner. But as has been said, lawyer, lawyer, lawyer.
One other option to look into… if you are still counted as a dependant by your parents you may be covered by their home owners insurance. This is what saved me when I was in school and a pipe burst right behind my stereo system over Christmas break. Of course that was about a thousand years ago, but it never hurts to check into it.
Even if you had renters insurance it most likely would only cover you for what THEY think the laptop was worth, not the replacement value (unless you specifically pay more for that)
The one thing that hasn’t been mentioned? Don’t tell the landlord your speculations on why it collapsed and talk your way into a worse position. Stick to the facts of what has happened. It’s not up to you to provide the reason for the collapse. That’s what professionals he hires get to do. Protect any possessions you have from further damage and keep receipts of expenses to do with the problem because you may recover the reasonable costs later. Remember the landlord doesn’t want to pay out money, so his not likely on your side. Get legal advice from a lawyer on this before you make a mistake that costs you.
A little note book kept of who you talked to and what happened when should be kept.
Check to see if your college has an office of Student Legal Services. If it’s a big school, it probably does. The office is there to give you legal advice and some limited representation. Some of your student fees go to pay for the office, so since you’re already paying for it, you might as well take advantage.
My renter’s insurance covers replacement value. And yes, look into whether you are covered on your parents’ insurance.
But I’ve rented in Illinois for going on 20 years, and every lease I’ve ever signed has had a clause that tenants are responsible for insuring their own personal property. So IANAL, but I suspect you are SOL on that one. But by all means, talk to a lawyer and/or tenants’ union.
The same thing just happened to my sister who is going to school in East Peoria. Lucky for her she was just barely moved in, hardly any furniture or stuff to get ruined. But they still gave her a free month’s rent and they said they won’t charge her the carpet replacement fee when she moves out. So basically she gets to wreck the carpet for FREE!
I know, that’s probably not much assurance for you… but I know which storm you’re talking about!
