Reasonable expectation of Protection from the elements.

[Aversan]

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.

 

[Zigner]

I believe that this is on you. Does your insurance specifically exclude flooding?

 

[not2cleverRed]

I believe that this is on you. Does your insurance specifically exclude flooding?

Most renter's insurance policies exclude flooding, as flooding is a "natural disaster".

However, I question whether this damage should be classified as "flooding". It sounds more like leaking, due to poor drainage, which is under the property management's reasonable control. The renter can't put up gutter or install a drain or fuss with landscaping to mitigate the problem - only the property management can.

The wording in the lease is intended to protect against claims for damage over which there was no reasonable control. So, if OP tosses paper towels in the toilet and overflows, that's on OP. Or if OP leaves a window open during a storm and there is water damage, that is on OP. In such cases, the property management cannot reasonably do something to control the damage.

P.S. I've had roof leaks over the kitchen in more than one apt. I didn't claim damages, but property management gave me a discount on the rent for the bother.

 

[Zigner]

Most renter's insurance policies exclude flooding, as flooding is a "natural disaster".

However, I question whether this damage should be classified as "flooding". It sounds more like leaking, due to poor drainage, which is under the property management's reasonable control. The renter can't put up gutter or install a drain or fuss with landscaping to mitigate the problem - only the property management can.

The wording in the lease is intended to protect against claims for damage over which there was no reasonable control. So, if OP tosses paper towels in the toilet and overflows, that's on OP. Or if OP leaves a window open during a storm and there is water damage, that is on OP. In such cases, the property management cannot reasonably do something to control the damage.

Was the management company aware of this problem? Did the OP tell the management company about it? Heck, since it's a known problem to the OP, what steps did the OP take to prevent this?

ETA: I don't necessarily disagree with you, I just think that it's not so cut and dry (pun intended).

 

[LdiJ]

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.

No, they are not responsible to protect you from flooding. No homes or apartments are waterproof. However, if you can truly prove that its their negligence due to poor drainage due to the landscaping then they actually might be responsible for any flooding as a result.

So, if everybody got flooded this time (or lots of people did) then its probably due to the elements and there is nothing you can go. However, if you are the only one who got flooded then it could be due to negligence.

The real problem though with only damage of $1000.00 its almost going to cost you more to pursue it than you could collect.

 

[not2cleverRed]

Was the management company aware of this problem? Did the OP tell the management company about it? Heck, since it's a known problem to the OP, what steps did the OP take to prevent this?

ETA: I don't necessarily disagree with you, I just think that it's not so cut and dry (pun intended).

I suspect that OP is a relatively new tenant, based on the rainfall levels recorded over the past few months at the Weatherunderground for the Cinncinati area.

 

[Aversan]

For clarification, I live on a hill. This was not due to there being water so high in the streets that it caused the damage. The water would gather at least a few blocks away before causing any sort of flood damage. This was an exaggerated puddle that couldn't drain anywhere.

 

[Zigner]

I suspect that OP is a relatively new tenant, based on the rainfall levels recorded over the past few months at the Weatherunderground for the Cinncinati area.

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.

The fact that the OP can state "Every time it rains there is standing water..." leads me to believe that the OP has been aware of the standing water for a fair amount of time.

 

[Whoops2u]

I agree with /u/not2cleverRed, this does not seem to be flooding damage. I can understand why damage from the rain is being denied by renters insurance and the landlord, its just that, depending on what the OP meant by "improper drainage" it seems there could be some direct negligence involved.

Of course, that does not give an answer because of the specific provision in the rental agreement denying liability for such occurrences.

I'm not sure what I'd do in my state in similar circumstances. I'm not going to go on the line for damage from rain in general, but if I did something wrong on redirecting natural flow or if I did not take reasonable steps to prevent a known problem, I'd consider paying it as a landlord. In Ohio, with the facts we have, I might split the difference.

If I were a tenant, I might consider suing in small claims even though I have no idea what a court might decide in Ohio as there are a lot of laws that might interact. It would put the kibosh on a positive relationship with the landlord going forward, but, $1,000 is getting close to the level it becomes worth it to sue if you think you have a valid claim.

 

[Aversan]

The fact that the OP can state "Every time it rains there is standing water..." leads me to believe that the OP has been aware of the standing water for a fair amount of time.

Yes, I am a fairly new tenant, and yes, I have seen the water there before, but I never expected it to reach my door. I assumed property management had designed the water to run off before it would reach the point it'd flow through my door.

 

[Zigner]

Now you have another problem. You never notified the property management of the problem. I really think this is going to end up being on you.

 

[not2cleverRed]

For clarification, I live on a hill. This was not due to there being water so high in the streets that it caused the damage. The water would gather at least a few blocks away before causing any sort of flood damage. This was an exaggerated puddle that couldn't drain anywhere.

Look up the distinction between "flood damage" and "water damage".

 

[Aversan]

Now you have another problem. You never notified the property management of the problem. I really think this is going to end up being on you.

I didn't know it would be a problem. As I said, I though it would drain before causing problems.

 

[Zigner]

Then how would you expect management to reasonably know? Perhaps they also assumed that things were draining, as intended.

 

[Aversan]

Then how would you expect management to reasonably know? Perhaps they also assumed that things were draining, as intended.

The question isn't if they were to reasonably know, but if it should've been within their reasonable control.