DawgTalkers.net Forums DawgTalk Everything Else... Apartment flood?

The apartment above mine got flooded at 4:00 am awhile ago. The city turned the water off then back on. And the toilet went into flush mode. The tenant was not home. They had 2 inches of water over their entire apartment. It came pouring down thru our kitchen light. Our kitchen cabinets came crashing off the wall and we lost all our dishes and some small appliances. They told us to take our carpet out so it doesn't ruin the floor and they would get us $ 500 for it. I was ok with that amount. We were told we would be reimbursed for everything. They said we needed to be out Monday so workers could start repairs Tuesday 8 am. I told them the hotel price I could find and he texted back approved. For Monday thru friday. We got a letter stating the hotel reimbursement would be less than agreed . And minus one day. No specific reason. That's what we will pay was pretty much it. They said they are not required to reimburse for any personal property damages. We did get new kitchen cabinets and they repaired all walls and ceilings.

Anyone have specific experience with this type of thing? And can give some advice? It's been a ruff couple weeks. Thanks

In all of this, I am not clear who "they" might be. The tenants above, the water company, the apt landlord? My guess is the water company.

It sounds like you are good, so all is good. My advice or tip would be even renting, you need to get some insurance if you already don't.

Flooding is always a separate rider. And flooding like yours is more common than a river flowing over it's banks. It might not be as expensive, or impact as many people, but it is more common. Toilets overflow all the time. Sewers back up. Personal property is usually a $500 deductible. I don't know what sort of property you might own, but it doesn't take much to total over $500. If you don't have any, a few hundred a year can buy you $10,000 in renters insurance. Your dishes as you describe were your everyday dishes you probably didn't have anywhere near the deductible amount invested. Had it been your Grandma Lenox set you inherited, or the leak was over a new flatscreen and sound system and game system, then it is a not so happy ending. The water company won't pay for personal property damage in most cases. They pay for any structural damage. It's incumbent on you to cover the expense of your own property. Had it ruined the things mentioned above or if you have some expensive wall hangings or throw rugs, you would be out way more than the $500 deductible.

They being landlord property manager. We rent

First: I am not an attorney.

However, due to no fault of your own, your apartment got flooded. The landlord/property owner should have insurance for this.

Yes, your personal property IS your responsibility. (clothes, electronics, etc) Renter's insurance is cheap and covers personal property due to such things as this, fire, etc.

However, YOU should not have to do the work on removing the carpeting. Asking you to do so is, imo, a way for them to get out of paying for removal.

They need to put the apartment back to it's original condition. (original as in how it was the day before) I.e. replacing carpet, fixing/getting new cupboards, etc.

I have a limited knowledge about such things due to my job - limited, as in I've done work for flooded apartments.

Again, I am not an attorney.

The carpet was just a very large area rug. They told me they would give me $500 for it. They told me they would get me money for personal items and asked for a list. Then after they finished renovation and we got back in. They said they are not responsible for personal items.

Do you have it in writing where they agreed to replace your personal items or was it simply verbal? If it is was only verbal you may be screwed.

You are correct. The landlord owns the building. It is up to them to make the necessary repairs in as timely manner as possible. And as stated, they aren't responsible for the renters personal property.

Check with a local tenant law office. They would know the ins and outs of all loca and state laws ... especially if the landlord suddenly changes things.

I have the hotel price in a text when he asked me to be out that evening so workers can start at 8 am the next day. Literal texted "approved" to the price.

Then I think you have them over a barrel on that one.

And what exactly can I do about it?

Bad I feel for you. What you're going through is aggravating and frustrating not to mention the stress. You'll most likely have to hire an attorney.

It's been a little bit since I've rented, and I've never rented in NY. I'm also not a lawyer.

Reimbursement of personal belongings is normally covered via renter's insurance. Not sure how/if that changes based on what your landlord said (that they were covered). If it were me, I wouldn't get my hopes up.

The discrepancy in hotel cost is VERY different story. If the repairs from the flood required you to be out of your apartment, they are on the hook for that. What I'm not sure about is if they are on the hook for full hotel costs, or just have to reimburse you what they cost you in terms of the portion of that month's rent. IMO, it would be really [censored] to only reimburse for a portion of the hotel cost (especially when you didn't have access to your place on that extra day).

It sounds like you will need a tenant lawyer tell you what kind of footing you're on and/or to get your landlord to do the right thing (where applicable).

Thanks for thoughts. A lawyer would cost more than it is worth. It has been rough. Setting up working remotely from a hotel room with the wife and two dogs.

Many attorneys will give you an initial consultation for free to see of you have a case.

I looked some things up there is a formula for hotel compensation . They paid $100 more than the formula but $600 less than the bill.

I think this may constitute a contractual obligation to pay it irrespective of any "formula". It was an agreement to pay the bill in full.

I'm not sure it was. The first night, sure. It sounds like it went on for more than one night, though. Hard to guess obligations without the specifics of the exchange.

That's true. But I do think the insurance company could have, or realistically should have known it would take more than one night when agreeing to the price. That's why I used the term "may constitute a contractual obligation" and suggested he see about getting a free consultation with an attorney.

Fair enough.

Did you have renters insurance, BADdog? Since it seems he verbally agreed to cover personal property, perhaps he could be convinced to cover your deductible if not the full replacement costs.

If not, might have to talk to the neighbors that had the flooding. If they had previously reported issues, landlord negligence could be in play.

It was planned 3 days of work. They claim city gave no notice about turning water off. That was the cause

Do you have renter's insurance?

No

Then I would consider this a blessing in disguise. I'm actually surprised the property owner doesn't require it. Liability can be really tricky in these situations with a lot of "pass the buck". Too many times a renter who bears no fault gets screwed.

This is (my opinion, with experience) the best option going forward if you want to be protected:

https://www.lemonade.com/


Many true rating sites (not bogus 'fake' advertising sites) usually rate them #2 or #3. They're always behind State Farm and sometimes behind USAA (present or past military service required). State Farm is more complicated but sometimes even cheaper (cheapest). You have to deal directly with a State Farm Representative.

Sign-up for Lemonade is web-based and couldn't be easier. Just walk through all the steps, make a payment, print your policy. Rates and coverage are the absolute best, except in areas where State Farm beats them.

I'm glad things weren't worse. I know this is annoying but it could have been a real nightmare.

Easiest way to deal with it? Put in a claim on your renter’s insurance and let their lawyers deal with your rental management company. Provide evidence of everything they sent/told you as best you can. EZPZ

Another alternative is small claims court if you’re happy with less than $3K or ($3.5?) in reimbursement. Cost about $80 to file, you don’t need an attorney, and the judges tend to advocate for the little guy.

And finally, most states have landlord tenant laws that are enforceable in court. Find your states legal code on those and give them a good read. Some states have departments dedicated to protecting tenants in these situations, usually under the AG or your local Fair Housing authority.

EDIT: didn’t see you r post about not having renter’s insurance so my first option is off the table. But I urge you to look into it for the future, a sleazy landlord can fleece you without it and it’s usually dirt cheap.