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Apartment flooding

Discussion in 'Commercial Landlord & Tenant Issues' started by Concerned citizen, Sep 26, 2016.

  1. Concerned citizen

    Concerned citizen Law Topic Starter New Member

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    Jurisdiction:
    Texas
    Is an apartment complex responsible for personal items after an apartment floods numerous times and they have done nothing to fix the problem?
     
  2. army judge

    army judge Super Moderator

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    Your lease should be your first resource to determine liability.

    Generally, the answer is NO.

    There are certain exceptions, but those are very rare, and always defined in your lease.

    If you are a month to month tenant, its very doubtful.
    Texas state law determines liability, READ IT, if applicable, otherwise YOUR LEASE:

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    Texas Tenant Advisor
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    Texas Rental Laws
     
  3. adjusterjack

    adjusterjack Super Moderator

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    Exactly how many times is numerous? Give me exact dates.

    What caused the flooding? Be specific for each time.

    Do you have insurance on your personal property (renters policy)?
     
  4. Concerned citizen

    Concerned citizen Law Topic Starter New Member

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    Yes we have renters insurance but it doesn't cover natural flooding. The flooding is caused by the drainage system located outside the apartment unit. Numerous times would be 5 in about a year and a few months. Photos to prove it and we notified the complex every time it happened. Yesterday they brought in 2 fans to dry the carpet and a dehumidifier. They stated we can move to another unit that is upstairs and not accessible to my partner that has bad arthritis in her knees or will let us out of the contract. That still doesn't solve the issue of our furniture getting wet and ruined. Just want to know when do they become liable to replace carpeting and fix the drywall that is rotten and falling apart.
     
  5. adjusterjack

    adjusterjack Super Moderator

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    They are only liable for the damage to your belongings if their negligence is the cause of the damage. If the drainage system is built to code and is designed to handle normal rainfall but can't handle the abnormal rainfall that Texas and other areas have been experiencing then there is no negligence if they don't rebuild the drainage system.

    If you have the option of getting out of your lease without consequences, then do so and find another place to live if an upstairs unit is not conducive to your partner's arthritis.

    By the way, you can buy flood insurance to cover that type of water damage.
     

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