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Home > Law > Real Estate Law   »   Legal recourse

 
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Old Apr 7, 2008, 11:52 AM
BROWNSUGAR02
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Legal recourse

Recently we had a leak in my apartment which has completely destroyed a recently purchased mattress and left a mildew smell within the carpet. In addition to the rainwater that was leaking, there must have been mold within the ceiling because the water in the containers was black and there is black residue. This is the second time that this has happened since moving in 1 year and half ago. The first time was due to the rain gutters being full of leaves and according to my landlord this time is mostly likely due to the roof carpenters who were supposed to be making repairs.

My biggest problem is the brand new mattress that was destroyed. My landlord says that they only way to be compensated is to go thru renters insurance, but I don't feel this is fair since they were negligent. Is there any way that I can get reimbursement from my landlord? I reside in Florida and I am not familiar with the legalities

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Old Apr 7, 2008, 12:15 PM   #2  
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Quote:
Originally Posted by BROWNSUGAR02
Recently we had a leak in my apartment which has completely destroyed a recently purchased mattress and left a mildew smell within the carpet. In addition to the rainwater that was leaking, there must have been mold within the ceiling because the water in the containers was black and there is black residue. This is the second time that this has happened since moving in 1 year and half ago. The first time was due to the rain gutters being full of leaves and according to my landlord this time is mostly likely due to the roof carpenters who were supposed to be making repairs.

My biggest problem is the brand new mattress that was destroyed. My landlord says that they only way to be compensated is to go thru renters insurance, but I don't feel this is fair since they were negligent. Is there any way that I can get reimbursement from my landlord? I reside in Florida and I am not familiar with the legalities

If you say it's their problem and they say it's not you can either attempt to reason with them or take them to Small Claims Court - where, if you prove it was their fault, they will undoubtedly lose.
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Old Apr 7, 2008, 12:55 PM   #3  
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Yes, try taking them to Small Claims court. In the meantime look into getting some Renter's Insurance for future problems when you rent.
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Old Apr 7, 2008, 02:09 PM   #4  
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If they were notified of the problem before and did not fix it, they can be held liable, or if they did not keep the roof up to proper level.
But your recourse is to sue in small claims court
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