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Landlord cause flood.

Discussion in 'Commercial Landlord & Tenant Issues' started by ktjohns, Jul 29, 2018.

  1. ktjohns

    ktjohns Law Topic Starter New Member

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    My question involves landlord-tenant law in the State of: Wisconsin

    I reported a leaking sprinkler head in my apartment living room nook on 07/23/2018. On 07/26/2018 maintenance came in to inspect and attempt a repair on the sprinkler head which it quickly popped off and began to spew water at full pressure in my living room and flooded it with 3-4 inches of water ruining my couch, other furniture, and several pieces of very expensive electronics. He had already worked on 5 leaking sprinklers throughout the apartment complex. He is very open with me about everything that goes on the apartments even before this and after the event he told me several things.

    -Some of the things he has told me-
    He had inspected and had done the same repair on the 5 other sprinklers and had attempted the same repair on this sprinkler, but this was a mechanical failure (there is a metal fitting in the sprinkler that had snapped and caused the initial leak). The owners are pursuing a lawsuit against the contractors that installed the sprinklers. My landlord has him inspecting all 120 units and he has already found 9 more sprinklers leaking withing a day. My landlord told him to not tell any of the other tenants what happened. If I were to pursue this legally in any way or have any problems with my insurance he will be a witness.

    -Problems with landlord-
    I have been very calm and collected around her and have not said anything that would leave her to believe I would take any action against the company. When I asked her "so what happens now?' she almost immediatly said that any damage to the tenants property will be covered by renters insurance and the repairs are there responsibility. We have always had a great relationship. I was one of the first tenants to move in while the place was being built 3 years ago, I have never missed rent, and I have never had a complaint from other tenants. She has kept her distance since all of this and has kept very little contact. The company that owns the complex had several apartments around Wisconsin and has been very successful.

    I have renters insurance luckily, but here is the problem and I would like to get some help on what my rights would be if any to help to me in this situation. My insurance has a $500 co-payment, I had to take off work for two days, and my vacation plan has been ruined. All of that I would estimate to cost around $1200-$1700. I don't know if taking any action would be wise as I still need a place to stay and despite all this I would actually like to renew my lease when it comes time.

    I have no idea what to do here, any advice? :(
     
  2. army judge

    army judge Super Moderator

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    You file a claim with your renters insurance.

    Your lease will reveal the landlord has no responsibility for damage to your property.

    There's nothing more for you to do, or to recover.

    If you don't believe that, talk to a couple attorney in your county.

    The initial consultation is often provided at no charge.
     
  3. adjusterjack

    adjusterjack Super Moderator

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    When your insurance covers your claim, your claim rep will decide if it's worth going after somebody for reimbursement (subrogation) which would include your deductible. If your claim rep concludes that a subrogation claim is not viable then it's unlikely that you would be successful in a lawsuit against anybody.

    I'll give you some practical advice.

    Accept the fact that sometimes bad things happen to us that cost us time, money, and inconvenience and sometimes we just have to accept it and move on.
     
  4. ktjohns

    ktjohns Law Topic Starter New Member

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    I did forget to mention that they did not turn the water off while they did this.
     
  5. army judge

    army judge Super Moderator

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    You can't resolve this on a discussion board.

    Your solution lies between the submission of your target to your demands, or in a courtroom where you seek to prevail via a lawsuit.

    Nothing anyone tells you will be of any use to you, if your target doesn't agree to your demands.

    Good luck.
     

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