Apartment was flooded and No help from Apt Office

Pankaj53in

New Member
Jurisdiction
Colorado
Hi,
On 6Sep2019 evening around 4:30pm, when it rained pretty hard in Centennial, Colorado area (Denver, CO region), my apartment got flooded. It was a big shock to me, as the neighboring apartment had upto two feet of water and my apartment got the same flood water upto 8 inches. On speaking with the apartment maintenance person, they mentioned the drainage system isn't proper and hence the apartments got flooded. I requested my apt office to temporarily move me to another apt, as my apt was in unlivable condition. After the weekend, on Monday, my apartment calls me and says that they can move me, but it has to be a new lease term and secondly, they don't have the same floorplan and they don't have the first floor. With Kids, I did not want to take the second floor apt, as they run and this disturbs the lower floor people. I was told that my current apartment will be fixed in two plus weeks. A professional water damage company did a good job of removing the flooring, carpet, kitchen cabinets, Kitchen platform and sinks, bathroom sinks and cabinets. They also removed the dry wall one feet above the ground. In a week's time all this was done and dried with help of huge fans and dehumidifiers. From 13Sep till 20Sep, more than a week, the apt office isn't fixing the apt and don't have an estimate on when they can have it ready for me. They haven't started any work and looking at it, seems like they don't have any urgency to get it done quickly. Zero courtesy towards their Tenants and pathetic customer service.

I asked my apt office that under such circumstances, can I expect any support and help from them and they said a big "No". Below are some of the questions I asked and their response:

1) I want to break my lease and move out. They said that I need to pay the lease breakage fee of two months and then I could go. They are waiving the two months notice period, but I need to pay the other two months rent.
2) Why should I pay the rent of my apt for days it has been unlivable. The apt says that I'm bound by the lease contract and I have to pay, as it is an act of God and not their fault.
3) Move me to another unit (higher rent one) retaining my same rent until the lease is valid. The apt says, no, you have to pay the higher rent, which is $200 more than my current apartment rent.

I'm being harassed by my apartment office manager and am looking for help. What should I do under such a situation, where I don't have an apartment to stay, I'm still asked to pay rent and I can't leave as I'm being threatened by apt manager putting my case to legal and attorneys.

Any guidance will be highly appreciated. Thanks.
 
What did your renter's insurance company say when you contacted them about this matter?
 
What did your renter's insurance company say when you contacted them about this matter?

My Renters Insurance company denied my claim, stating that it is Flash Foods and Act of God are not covered under the Insurance policy. I should have taken another flood Insurance policy from Colorado State. My personal property is damaged and I'm incurring expenses for staying outside and supporting my family which includes my two elementary school going kids.
 
You should not have to pay rent while you cannot live there - so you will be able to use that money to pay for temporary lodging.
 
You should not have to pay rent while you cannot live there - so you will be able to use that money to pay for temporary lodging.
I agree with you and that is what I told my apt manager, but she denied saying that your Insurance company has to cover your lodging expenses. If you don't have a flood Insurance that is not my problem and you have to deal with it.
 
I agree with you and that is what I told my apt manager, but she denied saying that your Insurance company has to cover your lodging expenses. If you don't have a flood Insurance that is not my problem and you have to deal with it.
You should sit down with a local attorney and see what your legal options are. The Bar Assoc can give you a referral.
The Colorado Bar > Home
 
You can move away any time you choose without paying a penny. If someone thinks you owe money they will have to seek it through a court order. You can let a judge decide what you owe.

I agree the management does not have to pay your expenses, but you may have good reason to move without notice. Have an attorney review your lease agreement.
 
You can move away any time you choose without paying a penny. If someone thinks you owe money they will have to seek it through a court order. You can let a judge decide what you owe.

I agree the management does not have to pay your expenses, but you may have good reason to move without notice. Have an attorney review your lease agreement.
Thanks. This gives me some confidence to fight the injustice. I'm searching for some attorney.
 
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