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Renters personal property damaged and removed

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Sherlene

Guest
in texas, all my personal property was damaged by water from busted water heater while I (tenant) was on vacation. all personal property was removed from apt. and landlord won't put it back in the apt. or pay for any damages. any recourse?
 


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dj1

Guest
Sherlene:

This was a PERSONAL CHOICE QUESTION:

You spent the money on a VACATION instead of Renters Insurance.

BAD CHOICE!
 
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Sherlene

Guest
To DJ1: The 'vacation' was to my sisters for Memorial Day because I had no money for a real vacation or renters insurance. I thought this forum was meant as an avenue for the respectful, polite exchange of information. I didn't expect an inappropriate reply from some uninformed dupe like you. 'BAD CHOICE'
 
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dj1

Guest
I guess you will learn a very very expensive lesson from this experience!

The Protection of your property

oh dont you have any friends to help you move the stuff back, it is a holiday weekend CALL THEM!

I am being Polite, its just you are not very smart, Unless the landlord was working on the water heater and busted the pipes then it would be covered under his homeowners policy.

OK there is a slight and i mean slight chance it might be cover under his homeowners policy but

Its NO different then if a tree branch fell on your car and you DID NOT have comprehensive insurance, Unless you can prove the tree was seriously damaged before the branch fell, and the landlord did nothing, then you would be in the same spot as you are now.

You did not spend your money wisely.


PS: Go ahead and tell all of us you cant afford it....I pay $228 a year for $100,000 liability and $44,000 contents coverage from The Travelers Insurnace co, In NEW YORK CITY..

$19 a month!

[Edited by dj1 on 05-27-2001 at 11:25 PM]
 

TCB4U2B2B

Member
Truth Of The Matter

Hello Sherlene

Both sides, you and the landlord, share some responsibility in this situation. Since the landlord fails to show any good faith towards you for your loss, if you had personal property insurance {Renters Policy} you could then file a claim with your insurance company.

You insurance carrier would then make you whole by replacing your lost or damaged items and in turn they would file a claim against the landlords insurance carrier to recoop their loss.

In this manner, you would not have much dealings directly with the landlord. Only with your insurance carrier. Works in the same fashion as auto insurance. Which, in my opinion, is the best method to resolving matters such as this....:)
 

crusheroz

Member
THe same thing happened to us. The water heater busted and water was going everywhere. You could have took a shower out in the hallway. We had water coming into our apartment and we called in a Emer. work order and no one showed, until I called and told them that my insurance company said that any damage done to my personal property due to there neglect they would be responsibility for. Someone was out fixing it in about 10 minutes. I dont know about all insurance but you can usually buy renter's insurance with you auto insurance and pay it on the same bill. It is a extra 20.OO a month for us and well worth the money.
 
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Bobblk

Guest
Reply to Sherlene

Sherlene, you are correct, dj1 is not only impolite he is also uninformed. You do have a recourse. The landlord dose have the responsibility to maintain rental property and repair any defects or problems during the term of the lease. dj1 obviously has never read the doctrine of res ipsa loquitur. There was an obvious failure on the part of your landlord to maintain and inspect. This law holds even when there is no direct proof of neglegince presented. It is the landlords duty to be aware of the condition of the premisis and repair or correct any problems. This does include corroded pipes & etc. causing damage to your personal property. Whether it is accidental, or because of neglience or carelessness, it is the legal his duty or obligation to provide uninterrupted and unrestricted enjoyment and control of personal property even though not intentionally wrong. Yes, definately get a free consultation from a lawyer. See if you can file a tort; an act or failure to act, intentionaly or unintentionaly that interfers with your freedom to enjoy personal property rights. Sorry about the arrogant reply of djl.
 
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Sherlene

Guest
To TCB4U2B2B,cusheroz,and bobblk; Thank you all for your replies. It may be impossible for me to recover anything for damages, however, I do intend to contact a lawyer for the free consultation. I appreciate your input. It is nice to know that I am not the only one with this problem. To dj1; you really should know something about what you are talking about before you pop off a deliberate insult to a legitamate question. It seems I am not the only one who thinks you are impolite and uninformed. As far as getting someone to help me move back into my apartment,I don't know anyone that could help, particularly on Memorial day. We have only lived here a few months and really don't know anyone. It is also rather presumptious of you to access my financial capibalities. Yes, even I, in hindsight, can see the advantages of renters insurance. If it is the responsibility of the landlord to inspect and maintain the premisis, THEY should carry insurance and I certainly do have a recourse. Your batting 0 for 3, your out!! Thanks to others on this forum for their considerate and informative suggestions. Sherlene
 
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dj1

Guest
HAVE FUN........enjoy your consultation.....

But as whining nasty tenants DO NOT EXPECT the landlord to ever give you a renewal lease, or a good reference letter...

And in this part of the country.. New York City both of those are GOLD!
 

Cvillecpm

Senior Member
DJ is closer to the truth that tenants might want to believe. I have added the question...."has tenant threatened either verbally or in writing to sue you during their length of tenancy?" to my list of questions to ask current/previous landlords. Many professional landlords already don't take attorney and/or law students as tenants.

As for the landlord or his insurance being responsible, a broken hot water heater is not something that the landlord could have or should have known about. You, as tenant, could have easily turned off the water intake value had you been in residence and you will be lucky if the landlord does not try to collect damages from you.

I would not suggest you write landlord that you can't afford renter's insurance or a vacation. It is subtle but landlord will read that you can't afford a rental increase or to keep up with utilities, etc on unit you rent.
 
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Sherlene

Guest
Just to inform you of things that were assumed, that are not correct. First we are not and will not be whining or nasty renters. We have not mentioned anything about reimbursment for our property to our landlords, even though everything we own is soping wet, piled in boxes and mildewing, and they refuse to move things back into our apartment. As far as being worried about them renewing our lease, believe me, we will be moving out as soon as possible. We pay our rent monthly without lease contract and our utilities are included in the rent, so I really don't care if they think I can afford them or not. The rent here is twice as high as they are anywhere else in Podunk, Texas (not New York). Over half of the apartments in the complex are empty because the rent is too high, and the landlords are nasty and whiney when asked to make any repairs. The man replacing the hot water heater said they have replaced several hot water heaters and bursted lines in the complex during the last year because the lines are corroced. SO..They knew the lines could burst and did not inspect or repolace them, I don't call that 'good faith'. We are new here so we are just now finding out that our 'not so professional' landlords, (a hopeless alcoholic and his elderly mother), have filed for bankrupsy and owe everyone in this small town. Seems everyone here knows about them, and their reputation. We have excellenct references from our previous landlords and I am sure we will have no problem renting another apartment. I have made inquires and apartments are overly plentiful here. We are in an oil town where the oil wells went dry. I have paid this extra high rent, on time, and feel I deserved a little more for my money, maybe just a little common consideration.
 
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dj1

Guest
AHHHH..... YOU'VE BEEN REDNECKED!!!!

Welcome to the club.... of alcoholic, drug addicted low life scumbag Communist Rednecks hell bent on destroying the good ole USA!

So get your stuff and wash it fast Tonight Tomorrow...take off from work if you have to....use LYSOL or the mildew smell will NEVER come out

I hope now you will now buy renters insurance.



 
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Sherlene

Guest
dj1, I may not be 'very smart' but most idiots would come to the obvious conclusion you suggest, but thanks for your expert, respectful and polite advice.
 
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Gaby7

Guest
Sorry to hear!

Hello Sherlene - I am very sorry to hear what has happened to you... I am a Landlord and I would have helped in anyway that I could have..

If there are any bitter or rude comments in this forum, by I assume fellow landlords, and they seem bitter, I can relate to them.

Unfortunately, I personally feel that tenants have way to many rights. I have been put through the ringer twice by tenants, and I am am somewhat bitter. I will NEVER agree with all the time tenants are given to vacate when they do not pay rent, destroy and keep destroying property, while the law lets them remain on the premises, tenants having parties, letting people stay over, when specified that ONE person
is allowded and so on.. Why have a lease and sign certain things stating this and that, and when broken, the tenant can live for free unil the court tells them to move.. How is THIS fair?

I got off the subject, sorry. I think I am a very good landlord and both instances gave tenant MANY chances and each time went back on his word. I sincerely feel that landlord rights should be updated...

Again I am sorry, Sherlene.
 

TCB4U2B2B

Member
Congratulations

Hello Sherlene

Have you noticed the number count in the "VIEWS" column?
Your topic has generated triple digit numbers...:)

EXCELLENT RESULTS! From all of us...Thanks!

Wonderful results for the forum and our site!

Sincerely,
TCB4U2B2B

 

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