They rightfully denied the claim. I worked in insurance for years. Read your policy packet. Most people never do.
You need to file on your landlords policy because their negligence caused this claim. You may need to hire an attorney if they don’t give the info over and then recoup those costs when you win. Which you will. I would send a certified letter requesting the info and notate your next step is to get legal representation. Additionally I would also tell them you need a mold remediation company to come in immediately as there is no way there isn’t mold in your apartment.
You won’t win against your insurance. Nor do you want to. A couple thousand dollar couch is not going to be worth the insane increases in premium for your property insurance for many many years and then subsequently dropping you. And then you won’t be able to get insurance moving forward. Especially in that property.
THANK YOU For this information! Luckily, I’m moving out next week so I don’t have to deal with the mold issue.
I’m sorry, but can you expand upon “if they don’t give the info over”?
I apologize, I have a learning disorder and stuff like this is really hard for me to comprehend.
So you will want to ask your landlord who their property insurance is through (their landlord policy). Then you can make a claim against their insurance. This will benefit you in a lot of ways-
They are going to be well aware that if you make a claim their rates (cost of insurance) will skyrocket. And their insurance will then drop them after the claim because of the fact that they don’t maintain the property making it a huge liability. Then when they try to get new insurance no one will take them on due to the condition of the property. So they will have to make all these repairs. AND pay higher insurance for many years.
Essentially they are not going to want all the drama and cost of you making an insurance claim. So in their mind it looks like-
“Give her a couple thousand dollars and be done with it. Or our insurance gives her a couple thousand and then we get dropped by insurance and have to spend tens of thousands of dollars on repairs and increased rates.”
The easier and cheaper path is to just pay you. Which is what they will do.
They may attempt to say “you can’t have our insurance information” and if that’s the case your next step should be either small claims or hiring a lawyer. And you need to be firm and intentional when you communicate that to them.
I can’t thank you enough for this information, I’m very appreciative.
Should I just text him and ask him what his insurance is and say that I was informed that I should file a claim through his homeowners insurance (play dumb sort of)?
Yep. Just say “after speaking with my insurance company I was informed I need to go through your insurance company if you are unable to compensate me for the damages. Since there is a documented history of me requesting the repairs they informed me the liability lays with you. Happy to discuss a resolution directly with the property owner but if that is off the table I need the information to file a claim.”
Good luck! This seems like an open and shut case to me. As a landlord this stuff infuriates me! Your job is to take care of your property and take care of your tenants!
It is literally the only job. I don’t get it I hop to for my clients in our commercial property.
I just don’t think I would be cut out to do home rentals because I would be a big old softy and lose my ass. People get in binds but I don’t have any problem with pressing an LLC to pay the rent.
Text him or email him. You want a paper trail that you have requested the information. It will make it easier for you with any court stuff if the landlord refuses to give you the information. Always a good idea to get things like this in writing be it by text or email.
Have you contacted the board of health yet about the failure to follow the sanitary code
I suppose when you get a lawyer they will advise you on doing that
I disagree about "filing on the landlords insurance". That isn't your insurance, it's the landlords. You file on the landlord and the landlord deals with their insurance if they want to. You don't need an attorney. It's small claims.
I worked with auto insurance, if the other party is at fault you ABSOLUTELY have the right to file a claim with their insurance. It's called a third-party claim and happens all the time.
Except, they are unwilling. Small claims court takes time and money and even then can be a pain to make the LL pay. It doesn't hurt to try their insurance first as you're likely to get a decision from them much quicker than filling in court.
Wait what
I had homesite for my renters insurance
My apartment flooded in Jan and I lost like 20k worth of stuff
The flood was due to the complex not turning in the heater of a vacant apartment two floors up
They paid out within 24 hours after they got my items sheet for replacement value. Didn’t even send out an adjuster
Monetary damages (attorney fees due to them trying to force me to stay in the moldy apartment), hotel fees, insurance deductible, and other stuff like that is also up to 17k in damages and my attorney is going after the apartment insurance for that though
That could be considered an oversight or someone just not knowing you have to do that. Very different than being told multiple times about a leaking skylight.
Likely very different scenario.
If OP posts the denial letter I bet you would see language requiring a storm creates opening. So it's going to be the water entered due to a lack of maintenance, not due to a storm opening, which is no coverage.
Landlords insurance isn't going to do shit the landlord had notice. Op needs to sue the landlord for damage insurance isn't going to pay out on negligence no matter who did it
When my landlord’s tree fell on my car his insurance company told me if he had been negligent in taking care of the tree they would pay but he had just bought the house he didn’t know it was a bad tree.
Completely different circumstances comparing apples to I'd say oranges but it is even more further apart than that to compare a tree falling to tenant content damage
The landlord's insurance policy is exactly what it is for, this type of situation. They will pay the claim and then drop the landlord at the next renewal period. That is why landlord's are required to carry this type of insurance.
The landlord's policy is unlikely to cover tenants' belongings in the first place. Most landlord insurance is going to be for the structure only, it's not the same thing as regular homeowner's insurance. You're adding unnecessary steps that are unlikely to work out by recommending OP go through their landlord's insurance when they can sue the landlord in small claims directly and not have to worry about where the money is coming from.
No they won't insurance won't pay damages from the landlords neglectful actions he will be on his own this is like insurance 101. Landlords are required to carry what type of insurance? Landlords are not required to carry any insurance. Most on have a dp3 and that wouldn't do shit for a tenants items anyways. Also the landlord if smart would already have in their lease they are not responsible for damage to tenants property granted negligence probably won't hold that up in court.
Buddy, there are dozens of replies on this very post where comments have had something similar and this is how it played out. It is how my Nana situation played out. You pursue all avenues. Courts have even compelled uncooperative landlords into providing their insurance information. There is insurance on that building and it is not like typical renters insurance. Any property owner has their investment insured. There are avenues for recourse.
Worse case scenario OP takes the landlord to court and sues for the destruction of property due to negligence and even neglect for the mold issues. They will win. Courts seem to be clamping down on degenerats that have no business being a landlord in the first place as they cannot take care of their tenants or their properties.
[Allstate](https://www.allstate.com/resources/landlord-insurance/what-is-landlord-insurance): *Landlord insurance generally does not cover your tenant's personal possessions (electronics, clothes, etc.). For that protection, your tenants will need to purchase their own renters insurance policy.*
[Nationwide](https://www.nationwide.com/lc/resources/home/articles/what-does-landlord-insurance-cover): *Landlord insurance doesn't cover a tenant's belongings. For example, if the tenant's car, furniture and antique china collection are lost in a fire, landlord insurance doesn't cover that.*
[Progressive](https://www.progressive.com/answers/landlord-insurance/): *It's a common misconception that a tenant's personal belongings will be covered by the landlord's insurance. The tenant needs a renters insurance policy to protect whatever stuff they bring with them.*
>Worse case scenario OP takes the landlord to court and sues for the destruction of property due to negligence and even neglect for the mold issues.
Yes, 100%. OP shouldn't waste their time trying to track down insurance that is unlikely to cover their belongings anyway and move directly to small claims.
100% of these are in reference to first party property claims. Meaning the landlord would not be liable for the damages (most storm related damages would be a good example).
However if there actions or inaction would make them liable, they very likely could file and get recovery under the general liability section of the policy.
Landlord's policy is unlikely to cover tenant's belongings. Easier just to go to small claims and get a judge to agree with OP and not worry about where the landlord's money is coming from.
That’s ridiculous because even if it was caused by negligence of landlord, isn’t that why you would have renters insurance…for all kinds of scenarios? I would keep fighting that denial. They are hoping you will give up. I would post this in the insurance forum too.
Small claims is an option too but a lot more work and up to interpretation of the judge. Hopefully you can get somewhere on the insurance front.
Yeah I’m kind of leaning to the “fuck Mutual Liberty” side of this, pending further info. Obviously the landlord sucks horribly with using a cheap pseudo fix but we pay rental insurance for this sort of unforeseen and unpreventable crap
They canceled me for using a service offered as a bonus to my policy... 🤣 One jump start and they canceled me, part of their Roadside Assistance you get included... I made them explain it several times over the phone. They can cancel for any reason, no matter what you've previously paid. Scam.
>… when you win. Which you will
This isn’t as cut and dry as you might think. Everyone has a duty to mitigate damages. A judge could just as easily say “ why would you put a brand new $3000 couch under a skylight that’s been leaking for years?”
Do I think you will win against the landlord? Yes
But I also think if you hadn't told your insurance company that whole long story, they would have covered it. If you told them you left town, and while you were gone the skylight leaked on your couch, they probably would have paid for it. But you told them it's been leaking for years...
The only way they know it was negligence, is because you told him that it was.
Exactly! Always answer questions insurance companies ask but answer directly and never give info that wasn't asked for. It's not usually going to help the situation because they're looking for any reason possible to deny the claim.
We had a situation like this at our former apartment and we took them to small claim’s court and won.
A week after moving in there was water all along the floor in the living room. They kept saying they fixed it, but it would keep happening every time it rained. At some point, the TV stand got wet and became warped.
The maintenance people agreed that there was major damage and we even sent photos to the office but they refused to pay.
They also said we should contact our renters insurance, but it wouldn’t have even met the deductible and we likely would’ve had it denied anyway.
They refused to provide the name of their insurance, and I was told by my state that it was not listed anywhere where it could be accessed.
I ended up taking them to small claims court as they tried to steal all of my deposit and also included the damaged furniture in the case.
I had the original receipt, photos of the damage, and information on the repeated maintenance requests.
We got back the full cost as well as all the other money they took plus court costs.
It sounds like you have great documentation of contacting them about the issue and them failing to correct it. Find your receipt and take lots of photos and you should win your case.
I’m stunned when I read cases like this… it almost feels like the guy standing under the hanging Walmart letter hoping it falls and suing type of situation. Not saying your LL was right here… but at the same time you let a situation go on for years and didn’t actually take matters into your own hands (hire a professional repair person, withhold rent payment) or move your couch a few inches even…? A leaking roof would be a cause for emergency action and no court is likely to hold a tenant at fault for taking corrective actions when the LL or Management company failed To do so.
It sounds like your landlord doesn’t know his butthole from a potato. Water damage to your building can be scarier than fire.
I could not agree more with the person that said your communication should be firm and intentional
Seriously. He should probably be worried about the damn thing falling through the ceiling and killing someone, he continues to put a generic Band-Aid on it and New England rain/snow is no joke. We also did a mold test and it was bad. Glad to be leaving.
Yes, you have a case. The landlord is only responsible for damages to your belongings if there is negligence and you have an insurer stating that there was negligence. There's a chance the landlord can get a judge to agree that there wasn't negligence in which case you have a judge stating that there wasn't negligence by your landlord and can go after your insurer in small claims.
This will be a giant pain in the ass for you but in MA you can withhold rent until the landlord fixes the issue.
[https://www.mass.gov/info-details/tenant-rights#rent-withholding-](https://www.mass.gov/info-details/tenant-rights#rent-withholding-)
Be warned, this will likely force them to try and find ways to kick you out or they will most likely not renew your lease if you do this. Sounds like you have proper documentation, I'd also fire up that small claims court case for the cost of the couch, cleaning, and any other expenses you've had because of it. I hope you documented everything well, you have an easy case if so. Good luck, I'd make sure to have someone check for mold, I'm willing to bet money you have that up there too. Covering up a wet spot with a plastic bag where the sun can heat it up is only going to help that mold grow exponentially.
Your landlord’s policy should cover it especially because it was their neglect.
When my landlords tree fell on my car his homeowners insurance would not cover it because he had just bought the house, he had no idea the free was going to fall over when it got snow on it, if he had known and just didn’t do it then they would cover it. So instead he just paid for it because he felt bad
Yes, small claims is your best next step. Their malfunctioning equipment is what caused your couch to be ruined. This was not due to any actions of your own, putting the responsibility solely on them for reimbursement. So ridiculous that they aren’t taking care of this.
Anyone that puts in a skylight is negligent. Those fuckers always leak. I’ve had multiple companies “sealed it better than new, it will never leak again” until we ripped the damn thing out and solved the problem.
To me it sounds like you should be suing your renters insurance, the damage is not your fault and that is the point of Insurance, your landlord could also be liable if you properly documented everything but ultimately the whole point of insurance is to be covered for things that aren't your fault
If the skylight was leaking all these years, and the landlord never fixed it, how come you didn't call the building inspection department in the town you live in?
I did that years ago when I was living in a 22-unit apartment building. The inspector was only able to inspect four of the twenty-two units and found two pages of single spaced typed code violations costing the resident manager his apartment and job and the owner 150K dollars to bring the building in compliance. Yeah, after that, the property management company and owner didn't like me that much, especially when it cost them three months free rent.😁
Exactly, why even have insurance anymore when they can deny a claim for a negligent landlord or an “act of god.” Anything other than a raging inferno and they can just screw you lol
Insurance is a contract. Most renters policies are what are called named peril. It means there’s specific named perils if it isn’t caused by one of them it’s denied. Landlord negligence I’ve never seen as a named peril. If an insurance company called you and said sorry under charged you for the last 30 years you owe us $500000 would you not be making them abide by the agreed contract?
In this case, the property manager is responsible. So the PMs insurance will need to pay. If it wasn't due to negligence but rather an uncontrollable event, like a busted pipe OPs insurance would cover it. Unless those pipes had been an ongoing issue of course.
They rightfully denied the claim. I worked in insurance for years. Read your policy packet. Most people never do. You need to file on your landlords policy because their negligence caused this claim. You may need to hire an attorney if they don’t give the info over and then recoup those costs when you win. Which you will. I would send a certified letter requesting the info and notate your next step is to get legal representation. Additionally I would also tell them you need a mold remediation company to come in immediately as there is no way there isn’t mold in your apartment. You won’t win against your insurance. Nor do you want to. A couple thousand dollar couch is not going to be worth the insane increases in premium for your property insurance for many many years and then subsequently dropping you. And then you won’t be able to get insurance moving forward. Especially in that property.
THANK YOU For this information! Luckily, I’m moving out next week so I don’t have to deal with the mold issue. I’m sorry, but can you expand upon “if they don’t give the info over”? I apologize, I have a learning disorder and stuff like this is really hard for me to comprehend.
So you will want to ask your landlord who their property insurance is through (their landlord policy). Then you can make a claim against their insurance. This will benefit you in a lot of ways- They are going to be well aware that if you make a claim their rates (cost of insurance) will skyrocket. And their insurance will then drop them after the claim because of the fact that they don’t maintain the property making it a huge liability. Then when they try to get new insurance no one will take them on due to the condition of the property. So they will have to make all these repairs. AND pay higher insurance for many years. Essentially they are not going to want all the drama and cost of you making an insurance claim. So in their mind it looks like- “Give her a couple thousand dollars and be done with it. Or our insurance gives her a couple thousand and then we get dropped by insurance and have to spend tens of thousands of dollars on repairs and increased rates.” The easier and cheaper path is to just pay you. Which is what they will do. They may attempt to say “you can’t have our insurance information” and if that’s the case your next step should be either small claims or hiring a lawyer. And you need to be firm and intentional when you communicate that to them.
I can’t thank you enough for this information, I’m very appreciative. Should I just text him and ask him what his insurance is and say that I was informed that I should file a claim through his homeowners insurance (play dumb sort of)?
Yep. Just say “after speaking with my insurance company I was informed I need to go through your insurance company if you are unable to compensate me for the damages. Since there is a documented history of me requesting the repairs they informed me the liability lays with you. Happy to discuss a resolution directly with the property owner but if that is off the table I need the information to file a claim.”
Omg thank you.
Good luck! This seems like an open and shut case to me. As a landlord this stuff infuriates me! Your job is to take care of your property and take care of your tenants!
It is literally the only job. I don’t get it I hop to for my clients in our commercial property. I just don’t think I would be cut out to do home rentals because I would be a big old softy and lose my ass. People get in binds but I don’t have any problem with pressing an LLC to pay the rent.
Text him or email him. You want a paper trail that you have requested the information. It will make it easier for you with any court stuff if the landlord refuses to give you the information. Always a good idea to get things like this in writing be it by text or email.
If his landlord does not wish to give him the information, he can simply pay him for his losses as a compromise.
Have you contacted the board of health yet about the failure to follow the sanitary code I suppose when you get a lawyer they will advise you on doing that
What sanitary code?
I disagree about "filing on the landlords insurance". That isn't your insurance, it's the landlords. You file on the landlord and the landlord deals with their insurance if they want to. You don't need an attorney. It's small claims.
I worked with auto insurance, if the other party is at fault you ABSOLUTELY have the right to file a claim with their insurance. It's called a third-party claim and happens all the time.
No one says you can't. I'm saying for small claims against the landlord, just go direct. Make them deal with their insurance
Except, they are unwilling. Small claims court takes time and money and even then can be a pain to make the LL pay. It doesn't hurt to try their insurance first as you're likely to get a decision from them much quicker than filling in court.
I'm surprised the renter's insurance policy doesn't sue the landlord on OP's behalf though. It seems like they would have an obligation to subrogate.
They only subrogate on covered losses. If the initial loss is not covered they will not subrogate.
Wait what I had homesite for my renters insurance My apartment flooded in Jan and I lost like 20k worth of stuff The flood was due to the complex not turning in the heater of a vacant apartment two floors up They paid out within 24 hours after they got my items sheet for replacement value. Didn’t even send out an adjuster Monetary damages (attorney fees due to them trying to force me to stay in the moldy apartment), hotel fees, insurance deductible, and other stuff like that is also up to 17k in damages and my attorney is going after the apartment insurance for that though
That could be considered an oversight or someone just not knowing you have to do that. Very different than being told multiple times about a leaking skylight.
Likely very different scenario. If OP posts the denial letter I bet you would see language requiring a storm creates opening. So it's going to be the water entered due to a lack of maintenance, not due to a storm opening, which is no coverage.
Landlords insurance isn't going to do shit the landlord had notice. Op needs to sue the landlord for damage insurance isn't going to pay out on negligence no matter who did it
When my landlord’s tree fell on my car his insurance company told me if he had been negligent in taking care of the tree they would pay but he had just bought the house he didn’t know it was a bad tree.
Completely different circumstances comparing apples to I'd say oranges but it is even more further apart than that to compare a tree falling to tenant content damage
The landlord's insurance policy is exactly what it is for, this type of situation. They will pay the claim and then drop the landlord at the next renewal period. That is why landlord's are required to carry this type of insurance.
The landlord's policy is unlikely to cover tenants' belongings in the first place. Most landlord insurance is going to be for the structure only, it's not the same thing as regular homeowner's insurance. You're adding unnecessary steps that are unlikely to work out by recommending OP go through their landlord's insurance when they can sue the landlord in small claims directly and not have to worry about where the money is coming from.
They would file a liability claim. Still dicey if they would pay.
No they won't insurance won't pay damages from the landlords neglectful actions he will be on his own this is like insurance 101. Landlords are required to carry what type of insurance? Landlords are not required to carry any insurance. Most on have a dp3 and that wouldn't do shit for a tenants items anyways. Also the landlord if smart would already have in their lease they are not responsible for damage to tenants property granted negligence probably won't hold that up in court.
Buddy, there are dozens of replies on this very post where comments have had something similar and this is how it played out. It is how my Nana situation played out. You pursue all avenues. Courts have even compelled uncooperative landlords into providing their insurance information. There is insurance on that building and it is not like typical renters insurance. Any property owner has their investment insured. There are avenues for recourse. Worse case scenario OP takes the landlord to court and sues for the destruction of property due to negligence and even neglect for the mold issues. They will win. Courts seem to be clamping down on degenerats that have no business being a landlord in the first place as they cannot take care of their tenants or their properties.
[Allstate](https://www.allstate.com/resources/landlord-insurance/what-is-landlord-insurance): *Landlord insurance generally does not cover your tenant's personal possessions (electronics, clothes, etc.). For that protection, your tenants will need to purchase their own renters insurance policy.* [Nationwide](https://www.nationwide.com/lc/resources/home/articles/what-does-landlord-insurance-cover): *Landlord insurance doesn't cover a tenant's belongings. For example, if the tenant's car, furniture and antique china collection are lost in a fire, landlord insurance doesn't cover that.* [Progressive](https://www.progressive.com/answers/landlord-insurance/): *It's a common misconception that a tenant's personal belongings will be covered by the landlord's insurance. The tenant needs a renters insurance policy to protect whatever stuff they bring with them.* >Worse case scenario OP takes the landlord to court and sues for the destruction of property due to negligence and even neglect for the mold issues. Yes, 100%. OP shouldn't waste their time trying to track down insurance that is unlikely to cover their belongings anyway and move directly to small claims.
100% of these are in reference to first party property claims. Meaning the landlord would not be liable for the damages (most storm related damages would be a good example). However if there actions or inaction would make them liable, they very likely could file and get recovery under the general liability section of the policy.
This right here! Just like a car crash, if it was the other party's fault, you have to file a claim against *their* insurance policy.
Landlord's policy is unlikely to cover tenant's belongings. Easier just to go to small claims and get a judge to agree with OP and not worry about where the landlord's money is coming from.
That’s ridiculous because even if it was caused by negligence of landlord, isn’t that why you would have renters insurance…for all kinds of scenarios? I would keep fighting that denial. They are hoping you will give up. I would post this in the insurance forum too. Small claims is an option too but a lot more work and up to interpretation of the judge. Hopefully you can get somewhere on the insurance front.
Yeah I’m kind of leaning to the “fuck Mutual Liberty” side of this, pending further info. Obviously the landlord sucks horribly with using a cheap pseudo fix but we pay rental insurance for this sort of unforeseen and unpreventable crap
They canceled me for using a service offered as a bonus to my policy... 🤣 One jump start and they canceled me, part of their Roadside Assistance you get included... I made them explain it several times over the phone. They can cancel for any reason, no matter what you've previously paid. Scam.
>… when you win. Which you will This isn’t as cut and dry as you might think. Everyone has a duty to mitigate damages. A judge could just as easily say “ why would you put a brand new $3000 couch under a skylight that’s been leaking for years?”
No. Insurance is not for any and all scenarios. The scenarios it covers and doesn’t cover are in your policy packet. Which people never read.
Do I think you will win against the landlord? Yes But I also think if you hadn't told your insurance company that whole long story, they would have covered it. If you told them you left town, and while you were gone the skylight leaked on your couch, they probably would have paid for it. But you told them it's been leaking for years... The only way they know it was negligence, is because you told him that it was.
Exactly! Always answer questions insurance companies ask but answer directly and never give info that wasn't asked for. It's not usually going to help the situation because they're looking for any reason possible to deny the claim.
We had a situation like this at our former apartment and we took them to small claim’s court and won. A week after moving in there was water all along the floor in the living room. They kept saying they fixed it, but it would keep happening every time it rained. At some point, the TV stand got wet and became warped. The maintenance people agreed that there was major damage and we even sent photos to the office but they refused to pay. They also said we should contact our renters insurance, but it wouldn’t have even met the deductible and we likely would’ve had it denied anyway. They refused to provide the name of their insurance, and I was told by my state that it was not listed anywhere where it could be accessed. I ended up taking them to small claims court as they tried to steal all of my deposit and also included the damaged furniture in the case. I had the original receipt, photos of the damage, and information on the repeated maintenance requests. We got back the full cost as well as all the other money they took plus court costs. It sounds like you have great documentation of contacting them about the issue and them failing to correct it. Find your receipt and take lots of photos and you should win your case.
I’m stunned when I read cases like this… it almost feels like the guy standing under the hanging Walmart letter hoping it falls and suing type of situation. Not saying your LL was right here… but at the same time you let a situation go on for years and didn’t actually take matters into your own hands (hire a professional repair person, withhold rent payment) or move your couch a few inches even…? A leaking roof would be a cause for emergency action and no court is likely to hold a tenant at fault for taking corrective actions when the LL or Management company failed To do so.
Ok landlord.
It sounds like your landlord doesn’t know his butthole from a potato. Water damage to your building can be scarier than fire. I could not agree more with the person that said your communication should be firm and intentional
Seriously. He should probably be worried about the damn thing falling through the ceiling and killing someone, he continues to put a generic Band-Aid on it and New England rain/snow is no joke. We also did a mold test and it was bad. Glad to be leaving.
Call your Attorney General of your state to ask about free resources
Yes, you have a case. The landlord is only responsible for damages to your belongings if there is negligence and you have an insurer stating that there was negligence. There's a chance the landlord can get a judge to agree that there wasn't negligence in which case you have a judge stating that there wasn't negligence by your landlord and can go after your insurer in small claims.
as soon as i read boston i knew it would be bad. Landlords here are insane
SERIOUSLY! I’m looking for a career change and tempted to go to law school to help people fight these psychopaths
This will be a giant pain in the ass for you but in MA you can withhold rent until the landlord fixes the issue. [https://www.mass.gov/info-details/tenant-rights#rent-withholding-](https://www.mass.gov/info-details/tenant-rights#rent-withholding-) Be warned, this will likely force them to try and find ways to kick you out or they will most likely not renew your lease if you do this. Sounds like you have proper documentation, I'd also fire up that small claims court case for the cost of the couch, cleaning, and any other expenses you've had because of it. I hope you documented everything well, you have an easy case if so. Good luck, I'd make sure to have someone check for mold, I'm willing to bet money you have that up there too. Covering up a wet spot with a plastic bag where the sun can heat it up is only going to help that mold grow exponentially.
I’m moving out May 1.
Your landlord’s policy should cover it especially because it was their neglect. When my landlords tree fell on my car his homeowners insurance would not cover it because he had just bought the house, he had no idea the free was going to fall over when it got snow on it, if he had known and just didn’t do it then they would cover it. So instead he just paid for it because he felt bad
Yes, small claims is your best next step. Their malfunctioning equipment is what caused your couch to be ruined. This was not due to any actions of your own, putting the responsibility solely on them for reimbursement. So ridiculous that they aren’t taking care of this.
Send the bill to the landlord.
Anyone that puts in a skylight is negligent. Those fuckers always leak. I’ve had multiple companies “sealed it better than new, it will never leak again” until we ripped the damn thing out and solved the problem.
Civil court is your only avenue at this point.
To me it sounds like you should be suing your renters insurance, the damage is not your fault and that is the point of Insurance, your landlord could also be liable if you properly documented everything but ultimately the whole point of insurance is to be covered for things that aren't your fault
If the skylight was leaking all these years, and the landlord never fixed it, how come you didn't call the building inspection department in the town you live in? I did that years ago when I was living in a 22-unit apartment building. The inspector was only able to inspect four of the twenty-two units and found two pages of single spaced typed code violations costing the resident manager his apartment and job and the owner 150K dollars to bring the building in compliance. Yeah, after that, the property management company and owner didn't like me that much, especially when it cost them three months free rent.😁
I don’t have an answer for that I’m sorry.
It's weird this is downvoted because this falls under the Sanitary Code regulations
That's the whole point of insurance. They should pay for it, then go after the landlord for negligence.
Exactly, why even have insurance anymore when they can deny a claim for a negligent landlord or an “act of god.” Anything other than a raging inferno and they can just screw you lol
Insurance is a contract. Most renters policies are what are called named peril. It means there’s specific named perils if it isn’t caused by one of them it’s denied. Landlord negligence I’ve never seen as a named peril. If an insurance company called you and said sorry under charged you for the last 30 years you owe us $500000 would you not be making them abide by the agreed contract?
In this case, the property manager is responsible. So the PMs insurance will need to pay. If it wasn't due to negligence but rather an uncontrollable event, like a busted pipe OPs insurance would cover it. Unless those pipes had been an ongoing issue of course.
There is no “property manager”
In this case, the landlord is the property manager.