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I agree with what everyone else is saying. Not the LL's responsibility. This is why renter's insurance is important to have and a lot of times, you can get a policy good enough for an individual for around $10/month. If you have a car, you can bundle the two insurances and get a discount as well usually.
Although, unless it was a very expensive, new laptop, your deductible would probably be higher than the value of the laptop anyway.
If the LL is not responsible for the damage, could it be the construction company?
It's everybody else's fault, except the person who should have been responsible enough to purchase insurance for their personal properties in the first place.
Maybe you can sue a higher power, or even mother nature for making it rain??
It's everybody else's fault, except the person who should have been responsible enough to purchase insurance for their personal properties in the first place.
Maybe you can sue a higher power, or even mother nature for making it rain??
The OP was hardly looking for a "goat" on this one - they didn't *spill* water on the laptop, it came from the house. Which is in process of being renovated. Very easy to pop a pipe during reno work, and that would not be the tenant's problem.
I'm a landlord, and my leases *require* my tenants to have insurance - however if my negligence results in damage to their property, I'll pay. Not a big deal.
Since he knew it is leaking in the morning, he didn't fix it, prevent it from worsening (not successfully for sure), or notify me. Does that mean I have the right to ask him to pay for my laptop?
Since you knew about the leak, having your laptop below where water was leaking is your fault. In situations like this, it is also your responsibility to mitigate damage to yourself or your property. If it costs you money then you can go after the landlord to recover those costs (doesn't imply you will get it).
You still have a lease of some time, even if it is day to day. You aren't living there and paying rent on a handshake are you? There has to be some contract that specifies when you pay rent, how much and what you get for that rental payment. Find it.
Study the definition of negligence before you go that route. If someone makes a mistake, that isn't always negligence. Perhaps the manager knew of the leak but the best efforts required time to fix it. When it rains, especially heavily, leaks can happen. Bathrooms can overflow, all kinds of things. Sometimes, leaks take time to fix.
Now, if the manager knew about the leak and you can prove that and also prove they did nothing to inform you that there was a leak above you and that you should consider some efforts to protect your property, you might have something to go on. If you knew about the leak and it was after that, that the water got on your laptop, then you'll have a tough time because you could and should have taken steps to move your personal property away from the leaking area.
Did you buy the laptop on a credit card and was it relatively new? Many credit cards have a benefit of replacing damaged or lost items for some period of time after the purchase. That might be worth looking into.
Since you say there is no lease, it is reasonable to expect that once you press for compensation or get it through some means, that the manager isn't going to be happy with you and as we all know, there are often consequences for actions and right or wrong, you might not like the eventual outcome.
Get the laptop fixed or replaced (make sure the charges reflect the water damage noted if repaired). Make sure the repair or replacement cost is reasonable unless you upgrade, then you must subtract the reasonable cost of the laptop from that amount. You can then write the landlord a demand/explaination letter before you proceed to small claims. Give them a chance to consider your situation and maybe they will decide to just settle with you if you treat them as you would like to be treated in their case. If not: small claims- you miss 10 percent of the shots you never take.
While I fully agree with those who have pointed out the importance of renter's insurance, not having it doesn't mean you can't pursue the landlord for damages. In the same sense that a landlord can sue you for damages to their property, you can sue them for damages to your property. You have a right to an abode which is structurally sound. It is perfectly reasonable for you to expect that you won't need to contend with the idea of water coming down from your ceiling.
I live in a rental apartment in LA. I do not have rental insurance.
Last Thursday night, there was a leakage from my ceiling and damaged my laptop.
We called the manager and found they knew there was a leakage at the room above us that morning due to rain, but they did not fix it immediately.
The leakage became a flood and leaked down to our room.
Now they say they are not responsible for the damage on the personal property.
I have photos for the laptop and the leaks in my room, but not the room above us.
The room above us is remodeling, and I think the workers also knew about the leak that morning. (the manager said that the workers told him it is leaking.)
I believe this is caused by his negligence, and he should be responsible for my loss.
What should I do?
Rain caused the leak that went from the roof, to the apt above you, flooded out the apt above you and leaked all over your laptop?
In one day?
Was the roof on or off the house?
Last edited by Informed Info; 12-10-2014 at 09:42 PM..
I understand the frustration here, but I have to side with the LL here if only for the reason that the OP would have to prove negligence, which I think in this case would be very hard considering renovations being preformed and only an admission of the LL knowing about it for a few hours. A courtesy call might have been nice, but it could have been overlooked in the scramble to get a roofer out there to make the repairs. Finding a roofer to fix a leak in the rain is near impossible. Think about steep slopes that are wet and whether you would want to be on one.
OP, you can sue for anything you want. There is no guarantee you'll win. You might get countersued for legal costs and you'll lose if you don't win your initial action.
Politely, but firmly, ask for help fixing your computer. Be wiling to accept "no" as an answer as it is the likely response. This is exactly why I strongly recommend my tenants carry renter's insurance. I don't require it, but I strongly recommend it. If they don't get it, not my problem.
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