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Old 08-29-2011, 10:34 AM
 
37 posts, read 148,986 times
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hi guys,

can everyone please write what they know/ experience as a landlord and as a tenant about what rights does a tenant have in case of a flood and what responsibilities does a landlord have?
ie; If the carpet in the basment need to be changed due to a flooding, does the landlord need to pay for it

what about cleaning costs

what about the personal belongings of the tenant that are destroyed

does the landlord need to provide dehumidifier for instance, jenerator for instance etc
please add the questions and write the answers if u have them to contribute to this tread for future use.

Thanks!
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Old 08-29-2011, 10:35 AM
 
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The landlord would be responsible for fixing the home to make it livebale. They have no obligation to replace personal items of the tennant.
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Old 08-29-2011, 10:36 AM
 
Location: South Jersey
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If you are a renter, then you should have renters insurance to cover all of your own items. As for the residence that is the for the LL to cover & fix.
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Old 08-29-2011, 10:47 AM
 
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A renters insurance would not matter in this case. Flood is excluded from all Homeowners/Renters Insurance Policies. He owuld have needed a flood insurance policy.

Quote:
Originally Posted by AdotAllen View Post
If you are a renter, then you should have renters insurance to cover all of your own items. As for the residence that is the for the LL to cover & fix.
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Old 08-29-2011, 11:03 PM
 
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i guess no one cares if the landlord helps or not, er?
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Old 08-29-2011, 11:33 PM
 
4,873 posts, read 2,870,928 times
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Quote:
Originally Posted by feyzanour View Post
i guess no one cares if the landlord helps or not, er?
What are you looking for?

You are responsible for insuring your own "stuff".

The landlord is responsible for fixing what he/she needs to due to flood damage. Structural or what was already there (carpet/appliances/etc) that was damaged by no fault of yours.

One set of my tenants are trying to tell me that I need to put them up in a hotel and pay for it b/c they don't have any power.

Uh, no. I don't run a gerbil on a treadmill in the basement to provide power and charge them for it. They have a contract with the power company, to provide power to the house, not me.
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Old 08-30-2011, 06:39 AM
 
5,582 posts, read 5,243,080 times
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Quote:
Originally Posted by feyzanour View Post
i guess no one cares if the landlord helps or not, er?
It's not a question of caring whether the landlord helps, or not.
It is a question of both legalities and personal responsibility.

The landlord is responsible for ensuring that the premises are liveable, and that includes replacing or repairing whatever he originally provided.
For instance, that might include ripping out the carpeting--if he provided the carpeting. Whether he replaces the carpeting is another consideration entirely, as carpeting is not something that is a necessity.

However, if you installed the carpeting, then you need to remove the carpet, and replacement of the carpeting would be your responsibility as well.

Your personal belongings are just that--yours--and are not connected in any way with the facilities that the landlord provides in connection with the rent that you pay.

Please do not interpret my response as indicating a lack of compassion or a lack of empathy. It is simply a matter of what is legally required of the landlord, and what is not legally required. And, it is also a matter of personal responsibility on your part. You are responsible for whatever you bought and placed in the apartment.

Unless you can prove in court that your landlord had some personal role in bringing a tropical storm/hurricane to your neighborhood, he has no legal responsibility--other than to restore your apartment to its original condition as soon as is possible. However, under the present circumstances--with continued widespread power outages, and with home repair contractors backlogged for weeks, or perhaps months--it might take some time for him to be able to restore his building to its original condition.

If he chooses to temporarily install a dehumidifier, that would be nice, but he is under no obligation to do so.

If he chooses to temporarily provide a generator for you, that would be particularly nice of him, but he is under no obligation to do so either. For that matter, your electric utility is under no obligation to provide a generator for you, so your belief that your landlord should provide a generator for you is--somewhat bizarre, IMHO.

And, as was already pointed out, even if you had renter's insurance, it is very unlikely that it would cover this type of damage. Only Federal Flood Insurance is likely to provide the type of coverage that would be needed in this type of situation.

The aftermath of a storm like this is very troubling to have to deal with, so I understand your questions and your anxiety. However, your requests are unreasonable, and have no legal basis. And, whatever you are currently dealing with, remember there are others who have it far worse--including being homeless at this point, as many people in Vermont are now dealing with.

There is an old saying that you might want to think about, as it does apply in this situation:
I cried because I had no shoes, until I met a man who had no feet.
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Old 08-30-2011, 10:05 AM
 
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Retriever this was a great explanation! Disasters don't create blame. You seem to be well versed in this so I have a further question. If a tenant on the first floor is flooded because of this storm (flood water up to the light sockets), I know that if the tenant has to temporarily leave, then their rent stops accruing as of that date and until they come back. Do they have any recourse to the landlord to cover these living expenses? What if they have left a lot of their furniture behind? some may be ruined, some may not. But the soggy carpet (LL furnished) will have to be removed and replaced. And the furniture is in the way. Any help is much appreciated!
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Old 08-30-2011, 10:17 AM
 
5,582 posts, read 5,243,080 times
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NJnormie--

I would strongly suggest that you and the OP contact the NJ Division of Consumer Affairs for full, authoritative answers to your questions.

If you have a very detailed question, it is probably best to contact them via e-mail. They also claim that e-mail is the fastest way to get a response.
Contact them at:
askconsumeraffairs@lps.state.nj.us

You can also contact them via telephone, but I wouldn't be surprised if there is a long waiting time on hold at this point:

1-800-242-5846
or
973-504-6200

Good luck!
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Old 08-30-2011, 11:11 AM
 
2 posts, read 73,219 times
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That's the best advice yet, LOL!!! I guess my problem is their furniture. At this point I don't know if it's saturated or not. I wrote and will wait for their response.
As I remember now, as long as there is due dilligence to get the repairs done, we have no liability for their living expenses. I was already told at Home Depot that there is a waiting line. Do ya think?
Thanks for all of your help!
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