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Casmanifest · Jan 23, 2006, 10:29 AM

I rent a house from a private landlord and just recently found out that the roof in one of the rooms leaks. Unfortunately, I found out by discovering my $2000 keyboard soaked and destroyed after a rainstorm. I'm curious if there is a liability law stating that my landlord will have to cover the damages. Or should I not waste my time and just file a claim with my renters insurance.

mr.yet · Jan 23, 2006, 10:56 AM

Here is a link

http://www.rentalprop.com/ltlaws.htm

What does your lease state ANYTHING about the roof, if anything??

Fr_Chuck · Jan 23, 2006, 11:01 AM

Normally unless he was aware of the problem and did not disclose it to you, there would be no claim against the landlord. You do need to read the specific lease you have or rental agreement ( and no one should ever rent or lease without a written agreement) and see what it says.

You have two issues, first is the landlord going to fix the leak, so further damage to items will not happen. And second of course is the damage to your property.

If this is merely a leak that just started due to a new storm or wind in the area and there was no leak before and the property is fairly well maintained I doubt if there is any liablity on the landlords part.

If there is of course the insurance company will try to collect the money from him after they pay you. So I would fle with my insurance and if they can collect it back from someone else they will.

Casmanifest · Jan 24, 2006, 01:28 PM

Originally Posted by mr.yet

here is a link

http://www.rentalprop.com/ltlaws.htm

What does your lease state ANYTHING about the roof, if anything???

No my lease is a basic and general rental agreement. There really isn't anything in there about damages to the propery outside of the checklist completed at the commencment of the lease, which does not include the roof damage. I know that it has leaked since before we moved in, by the looks of it. I unfortunately just didn't notice it until now. I know for the landlord to be liable I would most likely have to prove neglect. So I'm curious if I got a contractor out to the house to inspect and state that the roof has been leaking for quite a while... would that be enough for the proof of neglect on his part, considering the building is not, and has not, been up to Kansas State Housing Code?
Also, I've written a letter stating everything that we would like fixed and notifying him about the damage to the keyboard. Is there anything that I can say in the letter to avoid having to go to court, without comprimising the "business" nature of it?