Water Damage In A Rental Unit
Biting her keys in her mouth, Phyllis jiggled the condo door
open with her free fingertip. Peeking over bags of groceries,
she stumbled through the living room and into the kitchen. Step.
Step. Step. Squish......? Setting the groceries down, her line
of vision shifted to her feet... now immersed in a lukewarm
puddle of water, and as she scanned the room, she saw that her
couches... chairs, and coffee tables were also about to set sail.
Frantically searching for the culprit, Phyllis became more and
more frustrated. The sinks were turned off. The tubs were empty.
The dishwasher wasn't on and it hadn't rained for weeks. Then
she realized where it was all coming from. It seems that good
ole' neighbor Joe Brown never felt it necessary to repair that
kitchen sink leak. Why should he have? The leak never came in on
his side of the apartment wall.
So now what? It wasn't her fault she had a new indoor swimming
area, but would she have to pay for the damages? Allstate Agent
Joe McLean says that she purchased a good renter's insurance
policy, she would be covered. There are renter's insurance
policies which protect you in the event of a bursted pipe, water
heater, water bed, etc. With this insurance, you won't have to
worry about replacing the pipes, carpeting, or your personal
belongings directly out-of-pocket.
Unfortunately, Phyllis didn't have water damage specifically
covered under her renter's insurance policy. She was therefore
only reimbursed for the damage to her personal belongings, not
for the replacement of the carpet, or the repair of the leaking
pipe. If her neighbor had had coverage, his policy would have
paid for the damage... but he didn't. For the next six months
everyone pushed the repair costs on to someone else. The
plumbers said it wasn't their responsibility any longer, Joe
didn't care because it didn't affect him directly, and the
landlord argued that according to the lease, he was only
responsible for the exterior upkeep of the condos, not the
interior. There wasn't even a security deposit for the landlord
to take from. Meanwhile, the carpet began to mold, and patience
wore thin. In order to avoid going through the tedious small
claims court process, Phyllis moved into another condo and away
from the stress. The new owner eventually had to fork out the
cost for repairs, and the problem was finally resolved.
According to nolo.com, if a neighbor is legally responsible to
water damage you suffer, you may be entitled to:
* Compensation for cost of repairs and replacements. *
Compensation for expenses such as having to stay at a motel. *
Compensation for mental distress, if you have suffered an
underlying physical injury. * Reimbursement for medical
expenses.
Punitive damages, if a neighbor acted maliciously. For example,
if it could be proven that neighbor Joe rigged the kitchen sink
leak up to specifically flood out Phyllis' living room out, then
the court would not only compensate Phyllis for the damages, but
may also order the neighbor to pay extra money to her as
punishment for malice.
However, if neither parties have a renter's insurance policy
covering water damage, you'll have to go to small claims court
to get compensation, and sometimes it's not even worth the
hassle. In order to avoid having to give in and pay for damages,
or give up and go to court, it's important to invest in a good
renter's insurance policy. Contact your local insurance agent to
decide which policy gives you the most coverage.
Another moral to the story? When looking into rental property,
it is incredibly important to scrutinize the lease. Some
landlords state specifically that they will keep all electrical
and plumbing systems in good, working condition, but others - as
in Phyllis' case, only claim responsibility for the exterior
upkeep of the complex. If you are already living in a rental
unit and your manager/landlord does not take care of these
things, you should definitely invest in a good renter's
insurance policy to avoid future problems.