Apt flooded by upstairs leak

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Perry266

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My jurisdiction is: Florida

In the apartment directly above mine, the water line to the toilet burst and caused my apartment below to flood from the water pouring thru the ceiling cracks. Some furniture and electronics were damaged as a result. The leaks and flooding were videotaped and showed the damage. The landlord told me that since I do not have apartment renters insurance, I am out of luck. they refuse to pay for my damages. Do I have a right to get reimbursed for my damages, and if so, how should I proceed? Being on unemployment, paying for insurance in Florida is a luxury I could not afford.
Thank you.
Perry
 
Unless the landlord deliberately caused the leak, they are not responsible for your damage. Every tenant really should look into renters insurance for situations exactly like this. In many cases this insurance can be purchased through the same company that provides your auto insurance and often the rates are as low as $10 to $12 a month.

Gail
 
Gail in Georgia said:
Unless the landlord deliberately caused the leak, they are not responsible for your damage. Every tenant really should look into renters insurance for situations exactly like this. In many cases this insurance can be purchased through the same company that provides your auto insurance and often the rates are as low as $10 to $12 a month.

Gail
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Ok, I'm not asking for the world here, but this is the second time my apt has been flooded. This time with 3 inches. They sent in a guy to vacuum the water up but let's get real here. The padding is soaked and will begin to rot and mildew. I have documented luing issues and the stench here after 3 days is enough to make a billy goat gag. I think it would be fair for the landlord to replace the carpet and padding, and I chalk up the hassle to life's little presents. But can I leverage the landlord to at least make good on the carpet? I have had 2 carpet reps stop by and make faces at the smell and both said it's gotta be replaced. The landlord says tough. What can I do? Put the rent in escrow, small claims, what?
 
Ok, let's try to delve a little deeper into this. This was the second time my apt was flooded. The first was minor and required just carpet water extraction. This time however, was a 2 inch flood thruout the apt. This is day 3 after they extracted the water but the place reeks. the stench is so bad i can't stay here. I contacted 2 carpet manufacturers and was told by both that standard policy is that once the padding is this soaked, it must be replaced. Ok fine. However, the Mgr says no. They extracted the water and thats all that will happen and I need to shut up. (Grrrr) So, you say it's my fault that i didn't have insurance. Have you checked the economy lately? I have 2 degrees in Industrial Engineering and can;t get work. Try paying bills and food with $600 a month. If you lived here in florida, you would know that we have the highest rates with the poorest coverage in the nation. Sorry counsler, I simply can not afford the luxury. I will accept my damages and deal with it I guess. But do I have to put up with the overwhelming stench? I'm not asking for anything that i would not do if the tables were turned. Just fair treatment. Now, I don't know about Ga, but don't I have some rights here in Fla?
 
You certainly have the right to ask your landlord to replace the padding. You are correct that simply extracting the water from the top layer of carpeting would do nothing to dry out the padding.

When I had some flooding in my own home (luckily confined to a six foot square piece) this required that the carpet be lifted, fans placed underneath to dry out the carpet, the padding and top layer of flooring replaced (as it began to swell from the water damage). I was told by my insurance company that this was the correct way to repair flood damage.

Gail
 
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