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  1. #1
    txmustangamber Guest

    Car flooded in apartment complex

    What is the name of your state? Texas

    My apartment parking lot is like a raging river everytime it rains. In our contract it says they will keep the parking lot and drains well maintained. I guess my question is my car flooded in there parking lot. I have about an inch to half inch of water in the inside and when I tired to move it the engine locked up because the water was so high. I guess my question is can I hold them responsible for my car damages or do i have to pay for all the repairs again. This is the second time it has happened and know of a few other tenants who cars had water in them.
  2. #2
    JETX is offline Senior Member
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    Quote Originally Posted by txmustangamber
    In our contract it says they will keep the parking lot and drains well maintained. I guess my question is can I hold them responsible for my car damages or do i have to pay for all the repairs again.
    If the property failed to "keep the parking lot and drains well maintained" and you can prove it, you would probably have a pretty good case for negligence on their part.
    You might consider filing a small claims suit, then after filing, make a "Request for Production" to include all records showing their maintenance of the parking lot and drains. If they are unable to show that they fulfilled their obligation, you will greatly increase your chance of success.
  3. #3
    txmustangamber Guest
    I have pictures of the water inside my car and, along with that I have pictures of the water going over the curbs. I wrote a letter to my apartment manager about the situtation and she threw it away and told me there is nothing to be done. I have had so many problems here. I moved in 6 months ago and still do not have a working smoke dectector. I have complained written letters and everytime its the same thing they are not responible for the repairs or they knew nothing about the repairs. I am at a lost on what to do because now I am without means of transportation and a manager who doesn't care.
  4. #4
    JETX is offline Senior Member
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    Quote Originally Posted by txmustangamber
    I have pictures of the water inside my car and, along with that I have pictures of the water going over the curbs. I wrote a letter to my apartment manager about the situtation and she threw it away and told me there is nothing to be done. I have had so many problems here. I moved in 6 months ago and still do not have a working smoke dectector. I have complained written letters and everytime its the same thing they are not responible for the repairs or they knew nothing about the repairs. I am at a lost on what to do because now I am without means of transportation and a manager who doesn't care.
    Then take the next step. Write a letter to the OWNER of the complex (to find the owner, you can go to your county tax assessor website, or you can provide the name and city of the property on this forum and I will look them up for you). Send it certified RRR mail, keep copies of ALL correspondence and proof of delivery. Include your complaints of the conduct of the manager and her attitude. BE PROFESSIONAL, organized, concise and brief. Provide the details of the flood damage and a copy of a repair estimate. Ask them to contact you within (x) days of receipt to discuss your complaint and resolution and that if they don't, you will have to consider legal actions against them. Then, if needed, file your small claims action.


    As for the smoke alarm not working, that is covered by the Texas Property Code:
    " 92.258. INSPECTION AND REPAIR.
    (a) The landlord shall inspect and repair a smoke detector according to this
    section.
    (b) The landlord shall determine that the smoke detector is in good working order at the beginning of the tenant's possession by testing the smoke detector with smoke, by operating the testing button on the smoke detector, or by following other recommended test procedures of the manufacturer for the particular model.
    (c) During the term of a lease or during a renewal or extension, the landlord has a duty to inspect and repair a smoke detector, but only if the tenant gives the landlord notice of a malfunction or requests to the landlord that the smoke detector be inspected or repaired. This duty does not exist with respect to damage or a malfunction caused by the tenant, the tenant's family, or the tenant's guests or invitees during the term of the lease or a
    renewal or extension, except that the landlord has a duty to repair or replace the smoke detector if the tenant pays in advance the reasonable repair or replacement cost, including labor, materials, taxes, and overhead.
    (d) The landlord must comply with the tenant's request for inspection or repair within a reasonable time, considering the availability of material, labor, and utilities."

    And while on the subject of state laws and landlord-tenant issues, it would be a good time to recommend that you (and ALL tenants in Texas) read chapter 92 of the Texas Property Code at:
    [url]http://www.capitol.state.tx.us/statutes/docs/PR/content/htm/pr.008.00.000092.00.htm#92.258.00[/url]

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