What should I do

spirituno · May 15, 2007, 11:30 AM

My apartment flooded this weekend from a water heater. I contacte the landlord for my apartment. They sent someone who came and said it was the water heater and they would replace it, but meanwhile my things have been ruined. I don't have rental insuarance and there saying they can't help me. What are my options and legal rights to have my things replaced.

excon · May 15, 2007, 12:21 PM

Hello spirit:

If it was THEIR faulty water heater that caused the damage, then THEY'RE responsible for the damage. Write them a letter itemizing the lost items, and their approximate value. Send the letter certified, return receipt requested. If they don't respond with a check, sue them in small claims court.

Remember, the approximate value is the USED value, not replacement value. Yes, I know you paid $25 for that shirt, but how much would you pay for it used at a garage sale?? $3?? Yup, those are the number you have to use.

excon

ebaines · May 15, 2007, 12:47 PM

Before you go too far down the path of a lawsuit, carefully read your lease agreement - are there any clauses stating that the landlord is not responsible for damage to the tenant's personal property?

excon · May 15, 2007, 12:53 PM

Hello again,

Even IF there are clauses saying they're not responsible, that doesn't change the fact that they ARE responsible. If one has a right to sue (and YOU do), then one cannot sign away their rights to sue in a contract.

Ski areas have a big notation on their lift tickets that they're not responsible for damages, but if they did something wrong, they certainly CAN be held responsible. Your dry cleaners do the same thing. So do the parking lots you use.

However, SAYING you're not responsible (or writing it), doesn't make you NOT responsible

excon

froggy7 · May 15, 2007, 06:00 PM

Does the reason that the water heater failed matter? It seems a bit odd to me that it would just suddenly die without giving any indications. In other words, doesn't the landlord have to be negligent in order for him to be responsible for the tenant's belongings?

Emland · May 15, 2007, 06:29 PM

In Virginia, you will never collect from the landlord. Had friends that lost nearly all their living room furniture due to a leak in the water heater in the apartment over them. My best friend was a property manager for years and had several disasters. The complex was sued a couple of times but never found liable. Every lease I have seen clearly states that the renter is responsible for the insurance. Your state may be different, though.

My mom lives in an apartment comples for seniors and we found out real quick that some of her neighbors tend to forget they are cooking and set off the sprinkler system. $75 a year for renter's insurance is a lot more affordable than replacing her stuff.

AW805 · May 15, 2007, 07:07 PM

Originally Posted by spirituno

My apartment flooded this weekend from a water heater. I contacte the landlord for my apartment. They sent someone who came and said it was the water heater and they would replace it, but meanwhile my things have been ruined. I don't have rental insuarance and there saying they can't help me. What are my options and legal rights to have my things replaced.

Take a look at your lease and also do some research on the Landlord Tenant Act in your state.

landlord advocate · May 16, 2007, 12:33 PM

The landlord is not responsible for your personal belongings, furniture etc. That is what renter's insurance is all about. We require all of our tenants to have insurance and list the apartment complex as an "interested party" so that we know if they cancel it. Renter's insurance protects the tenant and the landlord. Example: The tenant forgets the fried chicken on the stove and there is smoke damage etc. The tenant's renter insurance is used to pay expenses before the landlord's insurance comes into play. If the damage is caused by the tenant's negligence, the renter's insurance covers the costs. If the hot water tank causes damage to the ceiling below or the carpeting etc. the landlord will cover the replacement or repair of the ceiling or carpet.

excon · May 16, 2007, 02:50 PM

Hello again,

If you were to leave your car with a valet to park and he smashed it up, I'm sure you wouldn't buy his argument that that's what your collision insurance is for.

If the building was negligent, the tenant will recover. That's my view, and I'm sticking with it.

excon

landlord advocate · May 17, 2007, 04:10 PM

How is the landlord suppose to know when a hot water tank is going to leak? A furnace is going to stop working? An air conditioner is going to malfunction? Until the appliance breaks, why would the landlord fix it? Sure, we do periodic maintenance. But do you really expect a landlord to replace a hot water tank BEFORE it is a problem? If the hot water tank was leaking and the landlord knew about the leak, it would have been in his best interest to fix it immediately. He is the one that is covering the cost of damage to the floor, carpet and drywall. The landlord was probably just as surprised as the tenant was, to see that the tank broke. The landlord and the tenant both purchase insurance to take care of the unforseen problems in an apartment. Taking the landlord to court, expecting him to cover the damage is going to cost the tenant additional funds, and there is no way the tenant will win the case.

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