Water drained from apartment ceiling..

[kvnsk]

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

we live in apartment in overland park,ks. Yesterday when we returned to apartment after work.. we saw water was pouring from ceiling from bed room, bath room and hall ways..It is heavy..not just drops.. we called leasing office.. they started initiation to fix it..so emergency guys started working... it took couple of hours to suck the water.. then they started drying using couple of fans.. underneath carpet..also..

I though of not staying..there until, apartment is completely dried..walls as well as carpet. Emergency guy told me.. it takes at least 3 more days to get everything dried..

Since I can not leave there until fixed.. Can I ask leasing office to re-imburse my hotel stay expenses for these days ?? When I asked about it yesterday.. I was told they are not responsible.. because they are working and their insurance is not covered..

what should I do ?.. just suffer and pay all the expenses on my own and leasing office is responsible to show me temporary accomodation or re-imburse temporary living ?

In fact my wife is pregnant.. I thought it is not good idea to stay with wet blowing air..

Please advice me. Thanks for your response and time.

 

[xylene]

This is EXACTLY why people need renter's insurance.

The LL is not responsible for your hotel bill, unless your state/local laws specify otherwise (very unlikely, but worth looking).

The landlord is responsible for the period when the apartment is uninhabitable. Sorry.

Doesn't matter what the landlord's insurance won't cover.

Any time someone says "My insurance won't cover it.", that doesn't mean they aren't liable.

 

[xylene]

My state does not require it.

Most states just say the lease is void if uninhabitable.

Where does KS require it?

Notice I did not say anything about hotel bills, I said.

The landlord is responsible for the period when the apartment is uninhabitable.

That is basic contract law. The landlord is not able to fulfill his end of the contract.

The landlords assertion that the tenant is up poo creek with no recourse or that the tenants recourse is limited to what landlord's insurance would coveris total bunk.

 

[kvnsk]

Thanks Guys for the reply. Now I'm totally screwed.. as I was told just now that .. they still need to dry until Monday... with 5 air blowers.. and also they told me.. It is upto me whether I want to live there or not.. but they are not responsible for any of my accomadation..etc..

It seems I don't have any other options.. but just face it !!

 

[Zigner]

Thanks Guys for the reply. Now I'm totally screwed.. as I was told just now that .. they still need to dry until Monday... with 5 air blowers.. and also they told me.. It is upto me whether I want to live there or not.. but they are not responsible for any of my accomadation..etc..

It seems I don't have any other options.. but just face it !!

Sure you do - you can deduct the cost of your stay at the hotel from your rent payment (PLEASE research the Landlord/Tenant law BEFORE doing this). You could also pay it in full and bill the LL for the amount. If (when) they don't pay, you could sue in small claims court.

What, pray tell, caused the leak?

 

[FarmerJ]

Even if you stay with friends DO go and read your electric meter , your LL can be asked to pay you for the power used by the blowers running for the days especially if you have elect co help you with your own avg daily use then with readings you take you know how much the blowers used.

 

[TenantBlues]

can maybe have some one from the city come out and see if it is a liveable situation or not.

 

[Zigner]

A hotel bill is NOT deduct and repair. You can very quickly get yourself evicted trying to follow this advice.

You conveniently left out the fact that I instructed the OP to actually research the law in that respect. Furthermore, I also suggested that the OP has the option of paying and then billing. So, tell me what different advice you gave...

 

[Zigner]

Just a step further...based on just a few moments of research (which I didn't have the time to do earlier)...Kansas has no specific law allowing withholding of rent or repair and deduct. So, when tdelker said "A Hotel bill is not deduct and repair", it would have been more proper to explain the full situation.

Now, OP - what caused the problem in the first place?

 

[kvnsk]

Cause for the drain is..

The guy in the upstairs said.. water leaked from toilet pump or something.. When I observered water pouring into my bedroom.. I went and knocked the door... the guy said.. "yah.. I saw it.. I fixed.. sorry".. the thing bothered me most is.. he did not even cared to complain leasing office, so that they would have stared working earlier..

he was in the balcony.. when I first saw him.. just standing...
well... what to do..

I appreciate your response and time guys.. It feels.. I'm not alone..I have few of you who can give your head for good.

 

[MIRAKALES]

The fact that the apartment is damp for several days with blowers continuously running would appear to make the apartment uninhabitable for several reasons: 1) wet or damp rooms cannot be occupied, 2) five blowers occupying floor space limits usage, 3) loud or distracting noise from blowers may be above legal decibel levels, etc. The buildings department is the only legal authority to make a determination of habitability for occupancy and use.

Nevertheless, LL and/or upstairs tenant occupant are responsible for damage to tenant’s (YOUR) property. A court may rule in favor of tenant reimbursement for motel expenses should tenant decide to temporary vacate and stay in an inexpensive motel/hotel. Tenant should have renter’s insurance but this is beside the point and not the issue. When the time comes and tenant finds it necessary, file a small claims action to be reimbursed for damages and expenses, including motel/hotel, property, utilities, etc.

The fact that LL or PM is being attentive to maintain and restore the premises is a condition of their job, but this does not minimize their responsibility for the damages and expenses incurred by tenant.