Renters' rights - flooding

[cheddar]

You need a dehumidifier to help get the moisture out. Perhaps you could borrow one from someone you know or buy one yourself. Ideally the landlord could get you one, but you really need to get the dampness out of your place.

[rogead]

Originally Posted by BorderGirl

I was under the impression that any losses I have are my responsibility under my renter's insurance. Do you know if there's some rule that says I can get my money back? I'd love to be able to have my rug replaced. I'm not sure if I could ask for reimbursement of the extra laundry costs that I've had because of the flood or the huge amount of electricity used for running the fans.

I got a response from Home Line MN and haven't had to act on anything yet because my landlord is moving forward with repairs. The carpet has been removed from the hallway and I hope it will be replaced tomorrow. I'm giving them one more day until I find out when my unit will be taken care of.

It's a matter of common law, not statutory law. It sounds as if your landlord is acting upon the matter. However, the losses you have/will sustain are a separate issue from state landlord/tenant statutes.

If the situation was a result of your negligence, an "act of god", or of criminal behavior; you would be entirely dependent upon the terms of your renter's insurance policy. What occurred, as you've explained it, would seem to suggest negligence on the part of the landlord and/or agents working on behalf of the landlord.

It is the landlord's responsibility to insure that the plumbing system is structurally sound. Likewise, it is the responsibility of the landlord to mitigate your damages in a timely manner after being notified of the problem.

What many tenants don't understand is that they have a right to sue landlords when landlord negligence leads to damage of the tenant's personal property. In your case, a judge may or may not find that something such as the cost of additional laundry service is a reasonable part of your claim. Basically, any legitimate loss/expense you've incurred as a result of the event should be included in a claim. The worst that could happen is that the judge may disallow a particular portion of the claim. That's why receipts become so important should you seek legal damages.

You have to decide whether or not it's worth it to actually file a suit. However, conciliation court filing fees are nominal ($70 dollars in Hennepin County), and the costs associated with filing can be included in the claim. One caveat: the burden of proof would rest with you to show landlord negligence. Above all, you should definitely check with an attorney at Home Line. Last I knew, basic legal advice was free of charge.

Before engaging in any formal legal pursuits, I would suggest that you send a respectful, business-style letter to the landlord/management company. The letter should calmly itemize the damage/loss you've suffered as a result of the flooding, and ask for reasonable compensation for those losses.

[BorderGirl]

Originally Posted by rogead

It's a matter of common law, not statutory law. It sounds as if your landlord is acting upon the matter. However, the losses you have/will sustain are a separate issue from state landlord/tenant statutes.

If the situation was a result of your negligence, an "act of god", or of criminal behavior; you would be entirely dependent upon the terms of your renter's insurance policy. What occurred, as you've explained it, would seem to suggest negligence on the part of the landlord and/or agents working on behalf of the landlord.

It is the landlord's responsibility to insure that the plumbing system is structurally sound. Likewise, it is the responsibility of the landlord to mitigate your damages in a timely manner after being notified of the problem.

What many tenants don't understand is that they have a right to sue landlords when landlord negligence leads to damage of the tenant's personal property. In your case, a judge may or may not find that something such as the cost of additional laundry service is a reasonable part of your claim. Basically, any legitimate loss/expense you've incurred as a result of the event should be included in a claim. The worst that could happen is that the judge may disallow a particular portion of the claim. That's why receipts become so important should you seek legal damages.

You have to decide whether or not it's worth it to actually file a suit. However, conciliation court filing fees are nominal ($70 dollars in Hennepin County), and the costs associated with filing can be included in the claim. One caveat: the burden of proof would rest with you to show landlord negligence. Above all, you should definitely check with an attorney at Home Line. Last I knew, basic legal advice was free of charge.

Before engaging in any formal legal pursuits, I would suggest that you send a respectful, business-style letter to the landlord/management company. The letter should calmly itemize the damage/loss you've suffered as a result of the flooding, and ask for reasonable compensation for those losses.

Thank you so much for your advice, I appreciate it! I did contact HomeLine and was able to get some good advice.

I have a gutted kitchen and living room. The hallway is also gutted. I was just contacted by my landlord about vacating my unit tomorrow for 3-5 days while they gut my bedroom and replace all flooring. I'm glad that they're being serious about this. I was really worried they'd half ass it.

They're willing to put me up in a hotel while they complete the repairs. I'm thrilled about that but I don't know what kind of hotel I can expect. I don't need the Ritz or anything but I don't want one of the run down hotels either.