On 8/13/06, a vehicle drove into the apartment bedroom of Ronnie Journell (I have durable POA for him) while he was sleeping. There is structural damage (the hole is 8x8, the support beams have been knocked out, window knocked out, cement block & brick knocked out, dry wall down). Ronnie was hit with brick/block while in bed and suffered cuts and back injury. His apartment is now uninhabitable.
The apartment manager first said that they would put him in a hotel but on 8/14/06, the owner told me that they would not pay for a hotel. When I inquired about the rent that was paid for this month and asked about a refund at a pro rated amount, the owner replied that she thought they would "probably" be able to do that but wasn't sure. I explained that I wanted a refund of rent in a pro rated amount or approval to withhold rent in the pro rata amount from his next months rent. The apartment owner believes its the tenants responsibility to get his housing paid for by the drivers liability insurance. They also believe that renters insurance would pay for this but renters insurance doesnt pay for anything to do with the structure. Ronnie doesnt have renters insurance but I called 2 insurance companies and they said that in this situation, they believed renters insurance would NOT pay for temporary housing. At this point, the man is left with no place to live. He is on a fixed income and to pay for a hotel out of his pocket is unrealistic. His daughter supplements his income when needed.
What is the landlord's responsibilities in this situation? What about the rent paid for this month? Is the insurance company required to pay for housing for him, is that a viable claim? I've left 2 messages for the insurance adjuster but I've not received a call back. I've read online that it's possible to get advanced payment for temporary housing when you have a claim for property loss (i.e. uninhabitable).
Can someone help me? I feel like I'm getting the run-around from every direction!
The apartment manager first said that they would put him in a hotel but on 8/14/06, the owner told me that they would not pay for a hotel. When I inquired about the rent that was paid for this month and asked about a refund at a pro rated amount, the owner replied that she thought they would "probably" be able to do that but wasn't sure. I explained that I wanted a refund of rent in a pro rated amount or approval to withhold rent in the pro rata amount from his next months rent. The apartment owner believes its the tenants responsibility to get his housing paid for by the drivers liability insurance. They also believe that renters insurance would pay for this but renters insurance doesnt pay for anything to do with the structure. Ronnie doesnt have renters insurance but I called 2 insurance companies and they said that in this situation, they believed renters insurance would NOT pay for temporary housing. At this point, the man is left with no place to live. He is on a fixed income and to pay for a hotel out of his pocket is unrealistic. His daughter supplements his income when needed.
What is the landlord's responsibilities in this situation? What about the rent paid for this month? Is the insurance company required to pay for housing for him, is that a viable claim? I've left 2 messages for the insurance adjuster but I've not received a call back. I've read online that it's possible to get advanced payment for temporary housing when you have a claim for property loss (i.e. uninhabitable).
Can someone help me? I feel like I'm getting the run-around from every direction!
