Tree Fell On Rental Duplex

[kirbee]

What is the name of your state (only U.S. law)? Jackson, Mississippi

Hello everyone,
I am renting one of the apartment units in a duplex. A storm happened a little over 2 weeks ago (June 9th Friday) that caused a tree to fall on the roof. I reported the tree to emergency maintenance, the leasing manager, and regular maintenance the same day. I talked to them on the phone and submitted a request on the leasing company website. The tree is uprooted and boards over the porch ceiling are falling.

Legally, do I have to pay my rent for next month (July)? I saved all written correspondence from the website to my computer. I took pictures of the tree and roof as well.

 

[adjusterjack]

I am renting one of the apartment units in a duplex. A storm happened a little over 2 weeks ago (June 9th Friday) that caused a tree to fall on the roof. I reported the tree to emergency maintenance, the leasing manager, and regular maintenance the same day. I talked to them on the phone and submitted a request on the leasing company website. The tree is uprooted and boards over the porch ceiling are falling.

Which implies that the rest of your unit is OK and you can still live in it.

Legally, do I have to pay my rent for next month (July)?

Yes.

MS law only absolves you from paying rent if the building is destroyed which it is apparently not.

http://law.justia.com/codes/mississippi/2016/title-89/chapter-7/section-89-7-3/

You can ASK the landlord for a partial rent abatement but he is under no legal obligation to give it to you.

 

[kirbee]

The other 3 units are being rented by 3 other people. I have no claim to those.

 

[FarmerJ]

If this condition is dangerous to any tenant then have you called your city / county building inspections desk to see if they can contact the LL via a work order letter to get the ball rolling there ?

 

[adjusterjack]

The other 3 units are being rented by 3 other people. I have no claim to those.

When I use the word building I refer to the part of the building that you live in.

By the way, are you sure about the date (June 9)? According to the following weather history nothing happened on Friday June 9 but a big storm and high winds happened on Friday June 16.

https://www.wunderground.com/history/airport/KJAN/2017/6/9/MonthlyHistory.html?req_city=&req_state=&req_statename=&reqdb.zip=&reqdb.magic=&reqdb.wmo=

And storms have continued through last week also with high winds.

It's possible that insurance companies are overwhelmed with claims. It's also possible that property owners don't want to start repairs until the threat of Tropical Storm Cindy passes.

Do you have renters insurance?

 

[kirbee]

If this condition is dangerous to any tenant then have you called your city / county building inspections desk to see if they can contact the LL via a work order letter to get the ball rolling there ?

I contacted the Building Code enforcers for Mississippi. They said that they do not have jurisdiction to act. They made a call to the LL anyway.

 

[kirbee]

By the way, are you sure about the date (June 9)? According to the following weather history nothing happened on Friday June 9 but a big storm and high winds happened on Friday June 16.

Yes I am positive about the date. Any time a maintenance request on the leasing company website (jxnleasing.com) is submitted, a date and time stamp shows. I just checked the request. That is the correct date.

Do you have renters insurance?

No, I do not have renter's insurance.

 

[adjusterjack]

No, I do not have renter's insurance.

Better get some.

Storms can damage roofs and blow out windows and damage your personal property as well as forcing you to live elsewhere. If that kind of thing happens your LL won't owe you a nickel toward the cost of living elsewhere during repairs.

For a couple of hundred a year it's foolish not to have it.

And it's portable. Wherever you live all you have to do is change your address with the insurance company.

 

[kirbee]

Better get some.

Storms can damage roofs and blow out windows and damage your personal property as well as forcing you to live elsewhere. If that kind of thing happens your LL won't owe you a nickel toward the cost of living elsewhere during repairs.

For a couple of hundred a year it's foolish not to have it.

And it's portable. Wherever you live all you have to do is change your address with the insurance company.

I only have a 2-year-old bed and TV that I own in the apartment . I don't really care if those are covered by insurance. Does renter's insurance cover the cost of rent at my current apartment if I have to move out during repairs? Also, does renter's insurance cover the cost of living elsewhere during repairs?

 

[Zigner]

I only have a 2-year-old bed and TV that I own in the apartment . I don't really care if those are covered by insurance. Does renter's insurance cover the cost of rent at my current apartment if I have to move out during repairs? Also, does renter's insurance cover the cost of living elsewhere during repairs?

These are great questions to ask your insurance agent