What rights do tenants have when there is water damage to their apartment?
Question:We have lived with this company for a few years, across two states...this is the 3rd complex (we moved for work and school). We are in good standing with the company, never late with rent and have a clean history of complaints. However, we have had many problems since we upgraded to this new apartment in April. There has been significant water damage to our biggest bathroom and to my daughter's bedroom walls and closet...but our personal property has not been damaged, yet! What rights do we have as tenants, and what do we have to do to ensure we get this fixed?
We have called and left messages with the maintenance crew, and they have come over once to assess the damage.
They believe it is from our upstairs neighbors, but they ar enever home!
I do NOT want mold in our apartment, and my daughter is highly susceptable to illness.
Any thoughts, suggestions or websites would be a great help...
Thanks!
Answers:
You need to notify the people upstairs, your landlord, and keep records of your attempts to have this problem rectified. If the landlord doesn't have the problem fixed, you need to report them to someone. Perhaps you need to have your lawyer send a letter. The health of your child and the rest of you shouldn't be compromised. Do something about it now, like having the entire situation fixed and send the bill to the landlord. BUT make sure you do have documents to prove that you notified them and nothing satisfactory was done to fix the problem. Video tape everything and keep the film/memory stick in a safe place like a safety deposit box at your bank. Have a reliable witness go with you to the landlord to make an "in person" request and a certified letter as well. Good luck.
You need to contact the complexes management.
The maintenance crew doesn't have an invested interest in keeping you as a tenant.,or stopping further damages.
Management would want this resolved if for no other reason but to stop further damage
In apartment renters leases there is a clause that says you need to get your own insurance for loss and damage from flooding, etc. If it becomes a moldy situation then you'd need to move out (they would probably find you another unit to move into). In some parts of the country places do flood, it's a natural phenomena, it's understood, and people do live there, mostly for short term to one year leases then they move. If there is mold forming then ask to be moved, or if they insist that you stay then make your payments to the court and go to a hotel room then sue the landlord and report it to the EPA. Usually between tenants and flooding landlords do do protective measures and dry out the place and re-rug it, etc. But people in these kinds of areas just live with it unless there's mold.
Your rights and obligations are defined in your lease. A lease is a legal contract. Read it, and follow the instructions. Often you would be required to report situations such as you are encountering, in writing. Read the lease & follow the instructions (I know, I repeat myself).
If you feel you need (proper) legal advise,sometimes such advise can be gotten at no (or minimal cost) from a legal clinic in your area. Good Luck!
More Related Questions & Answers...