Flood damage done to Apartment

[Kimmery11]

What is the name of your state (only U.S. law)? Nebraska

My fiance came home to see that there was flood damage to our apartment from the upstairs. We had been house sitting for my inlaws and werent home for a few days. No one had contacted us to let us know they had entered into our apartment, and they left our lights on. A chunk of plaster had fallen from the ceiling and they just swept it in our kitchen. The carpets were soaked, the base boards were welted, BIG water spots in our kitchen, dining room, living room and the hallway. The ceiling above the shower was dripping water. The smell was so overwhelming. We have a 5 month old baby, and do not want him living in those conditions. We contacted management to see why no one had contacted us, and they said they would ecstract the water from the carpets and patch up the water spots. He was not willing to work with us as far as not paying rent for the time they worked on our apartment and he didnt seem to understand that our apartment wasnt liveable. Come to find out he hadnt even been to our apartmnt to see with his own eyes, the extent of the damage. We took pictures and are thinking of taking them to a lawyer. Any advice?

 

[Who's Liable?]

What is the name of your state (only U.S. law)? Nebraska

My fiance came home to see that there was flood damage to our apartment from the upstairs. We had been house sitting for my inlaws and werent home for a few days. No one had contacted us to let us know they had entered into our apartment, and they left our lights on. A chunk of plaster had fallen from the ceiling and they just swept it in our kitchen. The carpets were soaked, the base boards were welted, BIG water spots in our kitchen, dining room, living room and the hallway. The ceiling above the shower was dripping water. The smell was so overwhelming. We have a 5 month old baby, and do not want him living in those conditions. We contacted management to see why no one had contacted us, and they said they would ecstract the water from the carpets and patch up the water spots. He was not willing to work with us as far as not paying rent for the time they worked on our apartment and he didnt seem to understand that our apartment wasnt liveable. Come to find out he hadnt even been to our apartmnt to see with his own eyes, the extent of the damage. We took pictures and are thinking of taking them to a lawyer. Any advice?

A lawyer for what? You are owed nothing. Since this was an emergency, a LL is not required to provide a notice to enter. They must, however, provide the clean up and return the unit to the condition it was in before the flooding.

If it is found the flooding was from your negligence, they can and will bill you appropriately.

As long as they are actively seeking to remedy the situation, you won't get any money. You can ask for a few days rent prorate, but they are not legally required to give it to you.

Failure to pay your rent can result in an eviction for violating the terms of your lease.

 

[Kimmery11]

I wasnt wanting money from the apartment. I wanted prorated for the time that we werent living there while they fixed the problem. The reason for my first post was because the guy wasnt working with me, and telling me theres no reason to prorate my rent when he hasnt even been to my apartment to see that the area was not liveable, especially with a baby. I'm worrie about mold growing, and if they werent going to fix the problem or put me in a new apartment, then I was going to seek further action.

 

[Gail in Georgia]

When did all of this happen and when did management indicate they were going to begin the repairs?

Gail

 

[Handcoc]

It was not "flood" damage. It was WATER damage. There is a difference.

The LL will clean it up; you can move to a motel or back to your in-laws for a few days.

You are worrying about something that has yet to occur; when it occurs then you can worry & take action.

Just be happy its just a rental and not your house.

The LL is doing everything he should, be grateful for that too.

 

[Kimmery11]

This happened Sunday May 29th. Finally heard from the landlord as to what will be done on Tuesday 31st. They said they are going to let the drywall dry and then paint over it. As far as the mold, we went over there the other day to see the progress of their work and have seen where they scraped all the other paint off, and found mold. Let the landlord know, and he said he will cut that piece out. Is it my right as a tenant paying rent, to recommend getting an inspector to come and check it out? I feel like he is just rushing the job, and not caring for his tenants.

 

[Who's Liable?]

This happened Sunday May 29th. Finally heard from the landlord as to what will be done on Tuesday 31st. They said they are going to let the drywall dry and then paint over it. As far as the mold, we went over there the other day to see the progress of their work and have seen where they scraped all the other paint off, and found mold. Let the landlord know, and he said he will cut that piece out. Is it my right as a tenant paying rent, to recommend getting an inspector to come and check it out? I feel like he is just rushing the job, and not caring for his tenants.

Yes it is your right. It is also his right to ignore you and hire the personnel he wants. If you want to hire an inspector on your own, than you are free to do so.

I would recommend documenting everything at this point.