What is the name of your state? Ohio (Cincinnati area)
Short Version:
My apartment experienced flooding because there wasn't proper drainage of rainwater. My things were damaged(about $1k). my renter's insurance says it's not their issue because it's from flooding, and property management says they aren't liable. What can I do?
Long Version:
There was about an inch and a half of rain in my area last week. Every time it rains there is standing water just in front of my patio, and this time it got high enough to reach my sliding door and came through the cracks. My lease requires me to have renters insurance, but flood damages are not covered. I reached out to my property manager but I was told they will not cover the damages and this is why they require renter's insurance. These are the relevant sections from my lease:
- Responsibility for Damage, Destruction and Property. We are not responsible for damages, destruction or losses to persons or property by any cause, including, but not limited to, the breaking of a pipe, damage caused by the elements, damage caused by malfunctioning of any heating, electrical or laundry equipment, or any cause whether similar or dissimilar to the foregoing beyond Our reasonable control, and You hereby release Us from all such liability. Any temporary interruption from any cause in any of the services provided by Us or any third party shall not be an eviction of You, nor shall You have any right to damages or an abatement of Rent as a result.
- Insurance. You are required to maintain renters insurance, including $100,000 in liability coverage for the Unit, through the Term of this Lease Agreement. You must provide us a copy of the declaration page showing You have obtained such coverage. Failure to provide proof of qualifying insurance or maintain such insurance thereafter will result in a $20 per bedroom per Rent Installment fine.
The property manager believes that they are free from liability because it says: "damage caused by the elements" and "You hereby release Us from all such liability" but this section also say: "any cause whether similar or dissimilar to the foregoing beyond Our reasonable control" and I believe that it's within their reasonable control to protect from an inch and a half of rain.
The rainwater that accumulates by my patio could easily be diverted to the side, by my neighbor's apartment, and out into the street, but it hasn't been landscaped that way, so it builds up and obviously eventually goes through my door. They've agreed to correct any issues with my carpet, as well as the issue of the water building up (proving that they have reasonable control over the flow of the water in this area), but insist that it's up to my insurance or me to replace these damaged items.
My question is: Is my property manager liable because this was caused by something within their reasonable control, or is it up to me to replace the damaged items because the lease directly states damages from the elements? Alternatively, should I be going back to my insurance to try to get these damages covered even though my renter's insurance does cover flooding?
Thanks so much for any advice on the situation.
Short Version:
My apartment experienced flooding because there wasn't proper drainage of rainwater. My things were damaged(about $1k). my renter's insurance says it's not their issue because it's from flooding, and property management says they aren't liable. What can I do?
Long Version:
There was about an inch and a half of rain in my area last week. Every time it rains there is standing water just in front of my patio, and this time it got high enough to reach my sliding door and came through the cracks. My lease requires me to have renters insurance, but flood damages are not covered. I reached out to my property manager but I was told they will not cover the damages and this is why they require renter's insurance. These are the relevant sections from my lease:
- Responsibility for Damage, Destruction and Property. We are not responsible for damages, destruction or losses to persons or property by any cause, including, but not limited to, the breaking of a pipe, damage caused by the elements, damage caused by malfunctioning of any heating, electrical or laundry equipment, or any cause whether similar or dissimilar to the foregoing beyond Our reasonable control, and You hereby release Us from all such liability. Any temporary interruption from any cause in any of the services provided by Us or any third party shall not be an eviction of You, nor shall You have any right to damages or an abatement of Rent as a result.
- Insurance. You are required to maintain renters insurance, including $100,000 in liability coverage for the Unit, through the Term of this Lease Agreement. You must provide us a copy of the declaration page showing You have obtained such coverage. Failure to provide proof of qualifying insurance or maintain such insurance thereafter will result in a $20 per bedroom per Rent Installment fine.
The property manager believes that they are free from liability because it says: "damage caused by the elements" and "You hereby release Us from all such liability" but this section also say: "any cause whether similar or dissimilar to the foregoing beyond Our reasonable control" and I believe that it's within their reasonable control to protect from an inch and a half of rain.
The rainwater that accumulates by my patio could easily be diverted to the side, by my neighbor's apartment, and out into the street, but it hasn't been landscaped that way, so it builds up and obviously eventually goes through my door. They've agreed to correct any issues with my carpet, as well as the issue of the water building up (proving that they have reasonable control over the flow of the water in this area), but insist that it's up to my insurance or me to replace these damaged items.
My question is: Is my property manager liable because this was caused by something within their reasonable control, or is it up to me to replace the damaged items because the lease directly states damages from the elements? Alternatively, should I be going back to my insurance to try to get these damages covered even though my renter's insurance does cover flooding?
Thanks so much for any advice on the situation.