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Roof Leak - Property Damage

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wookie353

Junior Member
What is the name of your state (only U.S. law)? MI

There was a leak in my roof. lots of stuff damaged. I believe after 8 hours of google researching I have a case against them to reinburse, in short.

one thing I cant seem to find is a letter draft that I'm suppose to write to this repair company before I take them to court to see if they'll just reinburse it like one of the workers said they prob just would cause they felt they did something wrong and admitted it.. anyway..

can someone pls help me find a resource in which I can copy from to write this type of letter ( couldn't find anything maybe im looking wrong? ) or just give me something from your own opinions that I should write to make it sound professional n stuff? lol
 
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juber0

Member
If the job wasn't completed correctly you definatley have a case. They can argue that you should have renters insurance, but you have a case none the less.

Send them a letter like this

[Their Address]
[Their City, State]
[Zip Code]

[Your Address]
[Your City, State]
[Zip]

To Whom it May Concern:

On [Date] you came to repair my leaky roof. After the repair was completed I paid the bill. The bill amount came up to [Amount]. Subsequently on [Date] it started to rain. The area of the roof that was to be repaired started leaking and caused substantial damage. I request reimbursment in the amount of _____________. Failure to do so may result in legal action.

Sincerely,
Your Name


Address

If this was a landlord tenant issue, check the lease. The landlord may have required you to get renters insurance and that he wasn't responsible for any damage.
 

Who's Liable?

Senior Member
If the job wasn't completed correctly you definatley have a case. They can argue that you should have renters insurance, but you have a case none the less.

Send them a letter like this

[Their Address]
[Their City, State]
[Zip Code]

[Your Address]
[Your City, State]
[Zip]

To Whom it May Concern:

On [Date] you came to repair my leaky roof. After the repair was completed I paid the bill. The bill amount came up to [Amount]. Subsequently on [Date] it started to rain. The area of the roof that was to be repaired started leaking and caused substantial damage. I request reimbursment in the amount of _____________. Failure to do so may result in legal action.

Sincerely,
Your Name


Address

If this was a landlord tenant issue, check the lease. The landlord may have required you to get renters insurance and that he wasn't responsible for any damage.
Nice little letter, however if the existing lease has a clause removing the LL for any damages resulting from an act of God, or requesting said tenants to carry renters insurance, than OP has no legal leg to stand on.

That is why renters insurance of $11/month for $20K of coverage is necessary.
 

wookie353

Junior Member
ty so much for the quick responses.

Heres the thing. there is no clause in the lease saying I MUST get renters insurance.

there was one leak a month prior to this HUGE one ( will post the video i took of it if you want to see that it wasnt just a leaky roof, it HAD to have been error on repairmans part - if that would be helpful in anyway for you to help me? lol ) also a few other tenants complaining, so after a while, bout a month the LL sent the repairmen up to fix it.

the night before the leak repaimen were in the attic. got late went home. so next morning when it happened the fire dept. came to my apt cause it was that bad, alarms n stuff went off literally. the repair guy that finally came in said they worked on it last night and didnt finish so went home, aka leaving a huge gaping hole in the roof allowing water to come in how it did. mind you prior to them working on it, the leak was never THAT bad. just a little dripping i could catch with a pot.

anyway after a long chat he asked if anyhting got damaged i said some of my electronics got wet and possibly could be damaged ( said i would wait a day for them to dry out to make sure they didnt work for good ). he said to leave a list of stuff that got damaged in the main office with the LL. i assumed the list was for them to replace, but its now been a few weeks and after several emails to my LL ( have saved ) to get this guys companys name and asking if the LL sent that list to the repairman he finally responded with his infos.

so after googling i assumed i couldnt go after my LL cause he did in fact hire the repaiman. i have concluded that possibly i could get reinbursed for damage from repair guy cause they botched the job.

after that story do you think my case still holds water? also, the draft you wrote up for me, which is perfect thank you, can you tell me what i should change it to if the LL hired the repair guy not me? is there any specifics i should know about not to forget or can i just use the same thing but add in the LL hired the repairman, not me? is there any legal jargin i may forget to add in there im tryin to say..

i also have one more question about ceiling tiles if you could pls help. if i were to replace them or wanted to replace them myself due to dmg, if a judge were to rule in my favor, would those be reinbursable too or because its part of the apt., not my personal belongings could they just say the LL needs to repair them and i have no say in that? also what about a fish that died and top of fish tank that got destroyed and fell over cause it filled with water? is that considered pain and suffering because i loved that fish lol? sry for adding more questions but figure might as well now while i've actually found a forum that seems to know what the h theyre talking about >.>
 
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juber0

Member
Whoa Cowboy.

I would assume that you could go after the people that patched up your roof. After all it was YOUR items damaged. A good lease should make the landlord not responsible for "Acts of god" or any damage caused by anything.

As with the tile, I would document a few times in which you asked the landlord to repair it. Make sure to send this certified mail or email. Certified mail is more important, but costs about $5.50.

According to Michigan Tenant laws (The tenant should establish a date by which the landlord should have repairs completed and state that the tenant will resolve the problem if the landlord does not do so by that date.)

Give the landlord about a month to do so, unless the leak is so bad that the apartment is unhabitable.

To excersise the repair and deduct method you have to follow these rules

A duty to repair provided by statue (M.C.L.A. 554,139; M.S.A. 26.1109).

Notice to the landlord that repairs are needed or actual knowledge on the part of the landlord that repairs are needed.

Reasonable lapse of time from the receipt of notice or actual knowledge by the landlord in order that the landlord could make the requested repairs.

You could try your luck in court from the tile, but the repair and deduct rule would pretty much be the best legal recourse.
 

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