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Need your suggestion. We had a water leakage in our apartment in multilpe places.
The service people has to cut the carpets to dry them below it. Also installed fans and some dryers to run all day and night (using my electricity). Also service people will be coming and going all day and night.
Also there is water on our roof!!
With all these, should I ask for credit?
Fyi - the apartment managment was tough on us many times when we needed help.
Last edited by Ultrarunner; 02-08-2015 at 11:56 PM..
Perhaps look up the laws in your state and see what you are entitled to as a renter. Then you can present the info as, "As tenants, you would owe us a credit of $$ for the electricity, etc." vs. asking them and them saying they don't owe you anything.
Standard rules are that the dwelling must be habitable for peaceful enjoyment. The lease may spell out some of it, the laws in the state more of it. I would be raising a big stink, starting with demanding another place to live for the duration, rebate of the month's rent, and payment of the utility bill. I'd make them work talking me down - ALSO, since this pretty obviously ruins a lot of the rent value, I'd be wanting my security deposit back or new carpets and a walkthrough with me, two witnesses, and the landlord, where photos were taken and all damage noted.
Yep, doesn't hurt to ask "for the moon"- and negotiate from there.
If they're unwilling to come to acceptable terms there's always a court of law. Housing laws are pretty well defined- they probably won't want to go there.
They are fixing the situation. You've got a landlord who does repairs, maybe you shouldn't complain. Read all the notes on here about landlords who won't fix anything and realize you aren't so badly off.
What percentage of your apartment are you unable to use?
If your landlord was sitting back and doing nothing to fix the problem then you would be dealing with habitability issues under VA (and other states') laws. However, it seems as though the problem is being dealt with so you have no legal recourse for a rent rebate or credit. Service people will likely be coming in during the day but I doubt they will be "coming in and out" at night. You can certainly ask, and you may be actually entitled to a small reduction for additional electricity used, assuming you pay your own electric bill.
I'm unclear what you mean when you say you have water on your roof.
If it will help, you'll find your state landlord tenant laws linked in the first "sticky" on this forum. Hopefully everything will quickly dry and hopefully too none of your personal belongings were affected by the water leaks or, if they were, that you have renter's insurance to cover that.
Normally, you would be entitled to a rent abatement for the percentage of the home you can't use. In CA, for instance, the law says that if you can't use a bedroom, but can use the rest of the home until it's fixed, you just get a percentage off of your rent deducted until it's fixed (if it's something like your situation).
It's also reasonable to tell them that when you get your electric bill, you will expect them to pay the difference between what your normal bill would be, and the bill with the extra usage.
If any of your property was damaged, the landlord is not responsible for that. You are expected to get renter's insurance for that.
Renter's insurance also offers a temporary displacement coverage, depending on your coverage and the cause. For instance, if you had to move out because of the work, you'd not have to pay rent during that time, but the landlord wouldn't have to also pay for your hotel. So, if you don't have this type of renter's insurance, I advise you to get it. I have this, and my insurance is only about $15/month.
Flood insurance is extra and too expensive, IMO.
But, back to your question, it's reasonable to ask the landlord for a rent abatement (some percentage off the rent) and for the additional electricity.
If you do have renter's insurance, you might want to call them and see if they will cover anything.
Sounds like this will be over soon, though, since they're busy working on it. That's the good news.
Standard rules are that the dwelling must be habitable for peaceful enjoyment. The lease may spell out some of it, the laws in the state more of it. I would be raising a big stink, starting with demanding another place to live for the duration, rebate of the month's rent, and payment of the utility bill. I'd make them work talking me down - ALSO, since this pretty obviously ruins a lot of the rent value, I'd be wanting my security deposit back or new carpets and a walkthrough with me, two witnesses, and the landlord, where photos were taken and all damage noted.
Its been 4 days. Fans are still in. No improvement.
Today they came and said to go out for 4 hours because they fixing the drywall.
I'm surprised the Leasing manager is rude and repeats "No, we can't compensate. Its not our fault. "
Fire dept didn't give any objection to live. So I dont get any compensation?
Its been 4 days. Fans are still in. No improvement.
Today they came and said to go out for 4 hours because they fixing the drywall.
I'm surprised the Leasing manager is rude and repeats "No, we can't compensate. Its not our fault. "
Fire dept didn't give any objection to live. So I dont get any compensation?
Let's put it this way. Let's say you own your home and got a leak. Who will compensate you for the mortgage payment while it's being fixed? Not to mention being fixed on YOUR dime.
In a nice world, it would be kind for the management office to compensate you. But in reality, they won't and they don't need to. It isn't their fault just as it isn't your fault. They can't see the "future" in if or when the roof will leak.
I am not saying this is the reason why but you mentioned they were tough on you in the past, sounds like they don't want to be kind or helpful and hope you don't renew. I would make plans on leaving when the lease ends and hope you find a nicer place next time.
Take photos of the damage and the workmen and the fans. Put your request for compensation in writing to the office with delivery confirmation (if you've been emailing an email is fine, if not then send it by priority mail with delivery confirmation).
If they still say no, you can then file a claim in small claims court for the amount you think you should be compensated. Also say in the claim that you would like your court costs, and any punitive damages the judge thinks is appropriate.
Then, when your landlord gets served a notice that you are suing him, maybe he'll offer to pay you some money to stop the lawsuit. If he does, be sure you consider having him also pay your court filing fees.
If he says fine, see you in court, then go to court and ask the judge if he/she would please decide the matter.
By the way, in CA a landlord can't kick you out for 6 months after you have asserted a right. If he does tries to, that's considered a retaliatory eviction, which is not allowed. You might want to see if your state has a similar law - google your state and "retaliatory eviction."
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