Reasonable compensation?

[non-ditzyblonde]

What is the name of your state? CA

My mother has had homeowners insurance with one company for about 14 years. She has made two claims, both in the past 2 years, both due to water damage caused by tenants renting the condo above hers. She was notified that her policy will not be renewed when it expires in April.

She's called several companies trying to get new coverage. Only one will give her insurance, at about $1,200 more per year than her previous premium. Is is reasonable to seek compensation from the tenant or the owner of the other condo to cover the increase in premiums?

Thanks for any help or comments. I tried posting this in the Small Claims forum, but didn't get any response.

 

[ALawyer]

Absent rent control, when the lease runs out she can set the new rent at whatever she wants in an effort to recoup.

If the lease has a provision allowing her to collect for damages the tenant causes, that might enable her to collect now, assuming the language covers it, but only for the cost of the repairs, not the ongoing increased insurance.

 

[non-ditzyblonde]

Thanks for the reply, ALawyer. Let me clarify the situation, though, as I wasn't very clear.

My mother's condo is a ground floor unit. It was the tenant renting the condo on the second floor above her that caused the damage.

There was substantial damage. The homeowners association insurance is covering the structural damage, while my mother's policy is paying for cleaning and replacing the contents of the unit (clothes, furniture, etc.) as well as the market rental value of the condo (she's been out of her place for over 11 months now).

We are planning on asking the owner and the tenant for compensation of expenses incurred that my mother paid out of her own pocket. The non-renewal of her insurance is directly related to the actions of the tenant, and will result in much higher premiums.

If we went to small claims, as it looks like we may have to for this and some other expenses, we were wondering if it is reasonable to ask for compensation for the increased insurance premiums.

Thanks again for any help you can offer,

Dennis