landlord/tenant....possible smaill claims court case????

Question

I think I may have a small claims court case, but dont want to pay out MORE $$ to file for this ordeal if Im not going to win.
To make a long story short, we came home (rented apt) one day to water all throughout our apt that ruined a lot of our belongings. Come to find out, it was a septic problem that caused the water to be backed up into our apartment that caused the damage.
The carpet was taken out of the hallway & bedrooms & carpet tacking was left exposed ( i have 2 small children). I was told (by the landlord) that we should have had renters insurance becasue if we did, they would have paid for our next months rent (which we had to pay for even though we didnt stay in that apt ONE day during that month bcz of the damage) & our damaged stuff.Since it wasnt our fault, I dont think we should have had to pay that next months rent AND our damaged stuff should have been covered by THEIR ins. Does anyone think I should take them to small claims court??? please help, thanks! =D

Answer 1

Sorry, but you have no claim against your landlord. Landlords are only liable to tenants for damages due to the landlord's negligence. Proving a landlord negligent in this circumstance would be difficult if not impossible. Routine maintenance of sewage systems is not necessary and failures are difficult or impossible to predict.

Your landlord is correct in that you should have had renters insurance. That would have covered all of your losses and probably the cost of alternate accomodations while the unit was returned to habitable condition.

However, your landlord was wrong on one issue. You do NOT owe any rent for the time that the unit was uninhabitable while repairs were undertaken. The landlord's insurance would have covered the lost rents if he had that coverage and if he didn't he would simply have lost out on it. You may have a case in Small Claims Court for the rent but that is it.

I used to be a landlord and had exactly this situation when a sewer line collapsed and did substantial damage to the home and the tenant's property. The tenant had not taken out a renters insurance policy and tried to sue me for the damage to their property and the cost of the hotel while the damage was repaired -- nearly 2 months in my case. No attorney would take the case as he had zero chance of collecting. My insurance paid for the repairs to the property and the lost rents during the repairs but would pay nothing for the renter's property.

Answer 2

I don't know what the law says but no way should you be paying rent for an apartment that you cannot occupy. You have a reasonable right to expect to be able to live there. It is not your fault that the septic system backed up unless you or your children have put something into the system that caused the backup. I don't know what your lease says about care of the system. To go to court you will need proof of the backup-take pictures and creditable witnesses. You also need to know that even if you win a settlement in small claims court, you may not get paid. I would ask that you be repaid any rent you have paid while you could not stay there, any moving costs, any damages to your things, and have a note that the lease was voided by your landlord. And then move. He's trying to bully you and you may just need to get an attorney to back him up. And ask for attorney's fees too. The amount you can recover is limited in small claims court.
There is required routine maintenance of sewage systems. A product like rid-x should be put into the system every so often to dissolve soluable items like toilet paper, etc. If there has been a lot of rain or a lot of water has gotten into the system, you are required to have it drained. If there are a lot of non soluable items in the system, it lowers the amount of room that is allowed for water and those items should be cleaned out and another reason tohave the system drained by a professional. If your system was operating slowly, like your toilet would not flush properly, the system was backing up and should have been reported to management-if you were instructed to do so. Neglect can be proven or at least suggested if the landlord cannot prove he has taken care of the system.
And yes, you should have had renter's insurance. But what happens one place or one court, may not happen in another or the next time. My leases tells you that you need to get renter's insurance to cover your possessions

Answer 3

I am a landlord myself well was until a few weeks ago....
Ok The landlord should have landlord insurance, which would cover the damage done to their property, as it was septic {Pluming} that did the damage. But your items should of been covered on your own insurance, here is Australia we call it Home Content insurance.. The Landlord is not responsible for your personal items Sorry But this is a fact... But Your Landlord should have the floor repaired and new Carpet replaced That is a fact! the Place you are Tenanting has to be left in the same condition as when you moved in and if things have to be updated or replaced due to no fault of the tenant then the Landlord has to have this attended to As soon as it it possible.. like no longer then a week to two weeks.... The place you are renting is it under a agent? or is it under the landlord them self's?... If it is under an agent then they are the people you should be dealing with.. But If you have tried and you are getting no where you can call the Rental Tribunal and they can inform you of your rights...This site is an Australian site but you could find one in your local area..:)

Answer 4

Due to the septic problem on your landlord's behalf you couldn't even stay in the apartment, it wasn't safe or fit to live in especially with children. The landlord is required by contract/ the lease agreement to keep the apartment fit/safe for you to live in. If for that month you could not live their because of the septic problem. Then it would only be fair to reimburse you for the rent paid for that month. Read your lease agreement and seek an attorney's advice. I think you may have a case!

Renter's insurance is optional with some apartments. It is wise to get it but in some cases it is not a requirement. Did your landlord require that you have renter's insurance in order to rent from him/her? If so, then the liability may be all your responsibility. If not, take them to court and file a insurance claim with their insurance company for damages to your property.

Answer 5

Renters insurance would have taken care of your personal property-clothes, sofa, bed, washer and dryer ect. Your landlord is responsible for the building and it's insurance. If something happened that deemed your living quarters inhabitable, then you are not responsible for those charges.

Your landlord is trying to get over on you and I suggest you call a lawyer for true legal advice first thing monday morning. don't pay rent for the month you did not stay.

Unless laws in your state are different, you are not responsible for emergencies such as that one.

Once this blows over-move out. This landlord has proven him/herself untrustworthy.

Answer 6

Your personal property is not covered by the landlord's insurance. You should have had renter's insurance.

Your landlord cannot charge you rent for an apartment that you cannot live in. He owes you for the month's rent.

You will win in Small Claims for the rent, but not for your personal property.

Answer 7

yes. Take them to court. The rent should be paid though, minus your costs for not having your dwelling(i.e. hotel, restuarants.)

Answer 8

call a lawyer most are free first visit