House Flooded, Became Inhabitable, No refund of last month's rent

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sunvalleymom

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Our rented house had a spot on the carpet that kept coming back no matter how many times I cleaned it over a 2 week period. We called the landlord and he sent out a plumber who said that there was a leak in the walls that was expanding into the floor, and that is what caused the leak. They could not find the source. Next thing we knew, a contractor showed up and told me that insurance does not cover a slow leak, just a catastrophic event. He ripped out the tub in the main bathroom to "see what is happening" and when I came home from work there was a flood in my basement. He said that he had accidentally cut a pipe with his saw, so it created a flood in the basement. Next thing I know he has contacted the landlord (who called this contractor out in the first place) and we are told that we have to move out because they are going to recarpet the entire house. Then I came home and the kitchen had been torn apart. The entire house has now been gutted, and all supposedly because we caused a flood. There was no flood caused by us. They say that my kids held their hand over a faucet and stopped the flow of water, bursting a pipe and creating the catastrophic event. My kids hated that bathroom and never used it. But even so, the flood was caused by the saw of the contractor.
The contractor and landlord told us we had to move out because the house would be a construction site. They told us they would pack us up and move us to a storage unit which would be covered by insurance. We had 2 days to get out (except for the garage) and find a new place to live. Lucky for me, my company's corporate condo was available, and though it did cost money, at least we were not homeless (except for 5 days when it was reserved for someone else).
The landlord refuses to give back our security deposit or last month's rent. Also, we had paid rent for the entire month, and were moved out on the 17th of July.
I would like my security deposit back minus any damage made before the "flood" and feel I am due my rent from July 17 to July 31, as well as my last month's rent which was given to the landlord when we moved into the property.
We did receive an eviction notice after we had been moved out. He sent it on July 29 and gave us 10 days to "vacate the property" due to "maintenance and Repair" rules, damage to premesis, and surrender of premesis. We cleared all remaining items out of the garage by the date on the notice.
This entire event has cost me a fortune in duplicate rent (had to pay for housing when I had already paid rent to landlord), new security deposit and rental fees, moving fees, etc. that were totally unanticipated. At the time of the "flood" our lease had expired and we were on a month to month tenancy.
He has $1000 in security deposit and $1400 in last month's rent, plus a prorated July based on $1200 a month rent (rent had been negotiated down during the second lease term). It left us homeless for 5 nights when my condo had been reserved ahead of time and we had to move out. I have 4 children, and this has caused them great stress. As a matter of fact, it has caused so much stress that it was the last straw for an already stressed out husband, and now my husband has left us and we are now going to be divorcing.
I cannot afford an attorney at this point, due to all the money I have had to put out through this fiasco. So I am hoping someone can give me some advice that will help.
My pastor was at the house the entire time the contractors were there, as I did not want strangers in the home when my kids were there. He knows exactly what has happened and what was done. He would like to turn in the contractor and landlord for insurance fraud. The entire house is now being redone. Main floor, basement, upstairs (ABOVE the flood) and it even got a new deck on the back of the house. Any advice about turning in an insurance fraud would also be welcome.
Thank you so much for reading my long story.
 
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Write the landlord a demand letter for the money you believe you are owed. If he fails to pay up, take him to court and get a judge to order him to pay it.

As you describe it, it seems you are likely owed your full security deposit, the last month's rent, and the prorated amount from July. Since the house has already been gutted, the landlord likely can not prove or justify any damages caused by you that would permit him to keep your deposit. His insurance should cover the flood damage. If you have renter's insurance you may have some coverage as well.

Anyway, it sounds as if you have a very reasonable case and it can be handled in small claims without attorneys. Just be very thorough and provide as much documentation and receipts as possible to show your expenses. It may even be possible to get the landlord to pay the cost of your rental since you were forced out on short notice.
 
Also- your landlord could never prove that your kids caused a leak by holding their hands over a faucet... that's a bunch of hooey.
 
Thanks so much! WE have taken a lot of verbal abuse from our landlord - calling us the worst people ever, etc. Originally when they said they were going to have to move us out, the contractor told us that the landlord was worried about us, we were good tenants and he wanted to make sure we were taken care of. Now this - coming from whatever he has been told. It is SO STRESSFUL!
I very much appreciate your input. I hope I have a case. I am so afraid if I take him to court he will try to sue me back because my kids allegedly "held their hand over the faucet". He has threatened to sue us for all the damage to the whole house. I know he doesn't have a case, but still he can do whatever he wants and cause more stress and headaches.
Thanks so much for your reply!
 
I am so afraid if I take him to court he will try to sue me back because my kids allegedly "held their hand over the faucet".

Don't be. That claim is garbage and it won't get anywhere in court. Making such a claim would probably actually work against him.
 
If what you say is true, your landlord sounds like a jerk. I wouldn't worry if I were you, you have the truth on your side. Save all your receipt expenditures and any written correspondences you had with the landlord. It wouldn't hurt to get a notorized statement of what your pastor observed during this time. Anyone can threaten to sue for anything, it sounds more like a scare tactic from your LL. He has to PROVE his case and it doesn't look like he has a chance at that. You should not have to pay double rent for that period of time you vacated the rental. Not to mention, I bet his insurance probably reimbursed him for you being out as he most likely claimed it as a loss of rental funds. If he wants to push the issue (I bet he won't) he'll have to produce that paperwork of what the insurance paid for and how much. He won't want to say your child is at fault because they'll tell him to go after you. I bet you he said it was an unforseen act of God that caused the damage for them to pay him. You're entitled to a reimbursement and I agree with the previous post. If the LL does the right thing, fine. if not, he could be in trouble for a lot more. I'm certain he doesn't want you to tell the insurance company he's trying to blame you for the damage and has withheld your money...
 
Thanks so much. I really have an issue with the insurance fraud as well. It just so happens that I have auto insurance with the same company, and I know we all end up paying for stuff like this! The landlord was a good guy the whole time we were renting from him. I am not sure it is him, or if the contractors have him convinced that we "destroyed his house". But I am going to write the demand letter, and I guess I will be in small claims if he doesn't respond favorably! I wish I had taken pictures prior to the demolition. I got them about half way through. We got moved out so fast that I had a lot to do, and they did NOT want us in the house, so it was hard to get in to take the pictures.

I appreciate your comments. Thanks!
 
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