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Landlord's insurance for damages

Discussion in 'Commercial Landlord & Tenant Issues' started by barseven, Oct 31, 2011.

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  1. barseven

    barseven Law Topic Starter New Member

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    We have a small business in a small strip center. During rains in Texas the roof leaked and caused extensive damage to some of our merchandise and made it unsellable. The landlord did have a company come clean and dry the floor carpeting. but he landlord, the landlord's insurance company, and our insurance company(a national well-known company) have refused to pay for our loss of merchandise. Who is Responsible? What is our course of action to get our money? We do not have the funds to hire a big-time attorney. Does the Small Business Administration ever pay for this help or help in any other way? We also suspect the is now mold in the building from the water.
     
  2. army judge

    army judge Super Moderator

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    OP, I suggest you read COMPLETELY and THOROUGHLY your lease.

    Your lease covers every aspect of who is responsible for what.

    The basic answer is that the landlord bears no responsibility for the contents of a leased property.

    Bottom line, no one is responsible for this "act of God", the rainstorm.

    You, on the other hand OP, are responsible for the contents of your leased commercial property.

    I know of no programs the SBA offers that assists people in your position.

    That said, why not ask them?

    I think you're asking about FEMA assistance during or after an area has been declared eligible to be a "disaster zone".

    However, a rainstorm, or even a thunderstorm, doesn't a disaster make.
     
  3. barseven

    barseven Law Topic Starter New Member

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    The rain was not a heavy rain. The damage was d ue to negligence because the roof leaked. It had been leaking everytime it rained but had not damaged merchandise before. They had been told it was leaking but had not fixed it.
     
  4. army judge

    army judge Super Moderator

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    You're only making the case better for the landlord.

    You're admitting you had prior knowledge of the leak.

    You're admitting that during past rainstorms your property wasn't harmed.

    Then, one rainy day (or night), your property was damaged.

    That, my friend, is negligence.

    It is negligence causing damage to your property by you failing to act and protect your property.

    Your landlord has no duty to protect your property.

    The information you relate about prior rainstorms can be disputed by the landlord.

    Even if you can prove he/she knew, it isn't relevant on the matter at hand.

    I take no pleasure in telling you this.

    It is, what it is, my friend.
     

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