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My landlord took me to small claims court yesterday for compensation for damages caused by a flood. The judge asked why the property insurance didn't cover it and the landlord mumbled... because we don't have insurance. At once the judge threw the case out and said that was unacceptable. Yay me!!

My question is... Is there a law stating property owner's must have insurance on their rental properties?

This house is falling down around our ears and we are now worried to stay. 2 weeks ago my husband fell through the base of the shower into the ground. The shower base gave way because the foundation below the house wasn't poured correctly. (Would you believe this house is only 7 months old?). Anyways, we are not wanting to sue, but we are worried to stay incase other damage or injuries occur. If it is the law, we are trying to find a way out of our lease now.

Thanks for any help you can provide!

2007-05-29 11:12:55 · 5 answers · asked by Jaden S 3 in Business & Finance Renting & Real Estate

I just wanted to add. The flood damage was due to our washing machine breaking. We called the landlord at once who said not to worry it was covered under insurance and they proceded to hire all the people to fix the damage. We paid $350 for what we were told was the deductible. Then 2 months later we got the full bill and I refused to pay it (for lengthy reasons). Thats when they took us to court. (and lost) They told us they had insurance, they told the judge they did not.

2007-05-29 11:27:05 · update #1

5 answers

There are no laws requiring property owners to insure their property, but they're not too swift if they do NOT hold such insurance, since one catastrophe can wipe out any value they may have. However, mortgage holders generally require that such properties be covered by adequate insurance, since that property is the lender's collateral for the loan.

My guess is that your landlord had property insurance, but NOT NFIP Flood Insurance, Standard property insurance does not cover flood damages. Your landlord would actually have had a case against you if an act on your part had caused this 'flood'.

2007-05-29 11:19:08 · answer #1 · answered by acermill 7 · 1 0

How can you be responsible for a flood????
different states different laws. usually if you own your property then you do not have to have insurance. If you are a renter you can get renter insurance. BUT that does not cover the house it covers your stuff in case of a fire or theift.
If the house is in bad shape say something to the landlord there are laws that the landlord has to keep the house up to code.

2007-05-29 18:21:40 · answer #2 · answered by Autumn 5 · 1 0

If you cannot obtain a release from this lease from the landlord, I suggest you put him on notice in writing about the various deficiencies in the property that need to be fixed.

That puts him on notice that he will be dealing with your attorney in the event of an injury resulting from problems in the property.

2007-05-29 20:35:39 · answer #3 · answered by luckyzimmy 2 · 1 0

Yes. Property insurance is mandatory in order to protect your property against uncertainties like earthquake, fire or any damage and destruction due to natural and man-made calamities, during the tenure of the loan.

2014-03-27 10:20:46 · answer #4 · answered by PRITAM 1 · 0 0

Get the hell out of that house any way you can. who knows what you might fall through next. and if worst comes to worst tell them you two were just thinking about your own safty.

2007-05-29 18:18:12 · answer #5 · answered by marty justa wonderin 2 · 1 0

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