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flooding problems

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ellunkana

Guest
What is the name of your state? Washington state.
I have recnetly moved to an apartment complex and found out (from a previous tenant who lived in my aprtment before we did,) that in the winter time there is a problem with flooding to the point that it wets the carpet inside and you have to wade trhu water to get to the front door. Is my landlord responsible for fixing this problem? Can I sue the landlord for damage to my belongings? Did the landlord have a legal responsibility to tell me about the flooding problem before we signed the lease?
Thanks,
Erika
 


abezon

Senior Member
Check out RCW 59.18 for the WA residential LT act.

L has no duty to disclose the flooding problem. However, L does have a duty to maintain the building & substructures in good condition. If L knows about the flooding problem and fails to correct it, L is liable if your belongings are damaged. Here's what you do:

1. Get renter's insurance!! Make sure the policy will cover your belongings if they are damaged by water.

2. Send L a certified letter, RRR, telling him that you have been told there is a flooding problem, and asking him to fix it before the rains begin. (I think they're scheduled to start next Wednesday.) Reminding him that he will be liable if your possessions are damaged due to his negligence. Keep a copy for your lawsuit. When you have a flooding problem, notify L immediately (phone + letter followup). Then, if L does not start fixing the problem within 10 days, you can either repair & deduct or terminate your lease.
 
S

sonofamoo

Guest
I couldnt have said it better get renters insurance and make sure it covers water damages.

Then you wont have to worry about who pays, your insurance company will sue the landlord.
 
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ellunkana

Guest
Thank you for all your answers,
I do have renters insurance, but I might have to find another insurance company, State Farm only covers water damages if they are caused by a broken water heater or plumbing problems.
Also if I decide to opt out of the lease, can I sue for moving costs in small claims court?
Erika
 

abezon

Senior Member
You can't "opt out" of the lease. You have to assume that LL fixed the problem until you see flooding. Once that happens, you can demand LL fix the problem & move when LL doesn't. At that point, you can sue for a prorated refund of your rent & return of your security deposit under LT law, and for reimbursement for moving expenses and extra rent you have to pay under contract/tort law.
 

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