I got rainwater in my apartment!

[dHustla]

Ok, based on the facts here, I think it's safe for you to be able to notify them of your inability to live in the place as intended and then deduct the cost of your hotel until the place is habitable again. Of course you have to tell them that you will be getting a hotel and you will deduct the cost of the hotel room.

If they do not make the place habitable within a reasonable time, then you can move out and claim constructive eviction if they sue you for not paying or breaking the lease.

You didn't provide enough facts for denial of the insurance claim.

Notify them in writing?

Say I get a room tonight through Sunday night, that's 8 nights. More than enough time for them to situate everything. I let them know before doing so? If so, how? It's Sunday, I don't have any email contact info for anyone, only the number to the office.
Let them know tomorrow morning? Then I pay rent on the 4th, which is a week from tomorrow, with the difference of rent - hotel stay?

The reason I'm asking these specifics is twofold...
1. I havent looked at or secured an alternative place to live.
2. I know in GA the eviction process for nonpayment is expedient. They can file a dispossessory warrant on the 10th & move forward by the 15th.

 

[dHustla]

You didn't provide enough facts for denial of the insurance claim.

What you mean? I didn't provide them with enough facts for them to deny a claim?

I called insurance company twice. Friday night & Sat. afternoon. Talked to same guy.

What facts do I need to provide him with? He told me either way it would be Monday before an adjuster can escalate it to an actual claim and if I decided to get a hotel, theres no guarantee that it will be covered, & chances are that the insurance company won't reimburse me.

I know it's harder to get reimbursed once you spent your own money

 

[jagu]

Notify them in writing?

Say I get a room tonight through Sunday night, that's 8 nights. More than enough time for them to situate everything. I let them know before doing so? If so, how? It's Sunday, I don't have any email contact info for anyone, only the number to the office.
Let them know tomorrow morning? Then I pay rent on the 4th, which is a week from tomorrow, with the difference of rent - hotel stay?

The reason I'm asking these specifics is twofold...
1. I havent looked at or secured an alternative place to live.
2. I know in GA the eviction process for nonpayment is expedient. They can file a dispossessory warrant on the 10th & move forward by the 15th.

Drop a letter in the rental office tomorrow and get the name of the person who receives it.
If they file a dispo on you , you can put up the defense that you deducted the rent because you had to find an alternative living space since they did not provide any. Also, make sure you pay the rent due, less the deductions on your actual incurred expenses on time.

In GA, the judge will let you dismiss a dispo one time in 12 months , if you pay the delinquent amount. In your case, there will be no delinquency, since you paid the rent less your damages after you informed them of your plan to deduct.

 

[jagu]

What you mean? I didn't provide them with enough facts for them to deny a claim?

I called insurance company twice. Friday night & Sat. afternoon. Talked to same guy.

What facts do I need to provide him with? He told me either way it would be Monday before an adjuster can escalate it to an actual claim and if I decided to get a hotel, theres no guarantee that it will be covered, & chances are that the insurance company won't reimburse me.

I know it's harder to get reimbursed once you spent your own money

You didn't provide me with enough facts to say anything about the insurance claim. But anyway, just wait for the escalated claim.

 

[shaddyvillethug]

Man Jagu that dude.

Props

 

[Flawless]

Ok. Let's really talk about this.

Are they not obligated to provide me with a livable unit while I have a lease with them?

It don't have to be a hotel, but at this point they are offering NOTHING.
NO ALTERNATIVE LIVING SITUATION. Even though my carpet is STILL wet. Even though it's been wet since at least Thursday. Even though my apartment smells like mildew and it's hard to breathe in that bitch.

They were acting like they were bending over backwards for me and I was being difficult...
1. Because I don't wanna sleep in a wet apartment, with my furniture all moved and stacked on top of itself, bed up on its side, and I'm too big to be sleeping on my sofa!
2. Because I don't wanna sleep on the floor in a vacant unit?
3. Because I don't want to stay in a model unit? (Which they aren't even offering anymore because the property manager was told not to by her boss)

Fam, I work. Hard. ...to be able to afford better, and I deserve better than that.

And I'm through living like that!

If ever I sleep on the floor, it is by choice, not because of someone else subjecting me to that being my only option.

It's a tough deal but landlords don't have to offer you any other living arrangement, if something is wrong their job is to fix is as fast as possible. You can't be mad at them for problems that's out of their hands, if ou want a discount for rent that month sure you can have that but don't expect them to be taking money out of their pocket to make you comfortable. As a renter it is your responsibility to make sure you have insurance and emergency fund if something happens.

Also don't go filing insurance claims for some little shit, you are just going to end up raising your premiums for no reason

 

[dHustla]

It's a tough deal but landlords don't have to offer you any other living arrangement, if something is wrong their job is to fix is as fast as possible. You can't be mad at them for problems that's out of their hands, if ou want a discount for rent that month sure you can have that but don't expect them to be taking money out of their pocket to make you comfortable. As a renter it is your responsibility to make sure you have insurance and emergency fund if something happens.

Also don't go filing insurance claims for some little shit, you are just going to end up raising your premiums for no reason

You say "out of their hands", but this is due to negligence. I understand shit happens, but when it does the liable party needs to be accountable, and this is not what they are doing.

You say they don't have to offer me other living arrangements, but my apt is not livable. So I should be ok walking around on wet carpet until it dries? I don't wear shoes inside.... man whatever.

What about the smell? Have you ever dealt with a heavy mildew smell? With very little ventilation? So I should be ok w/ walking around in a sweatshirt and keeping both doors open until the carpet dries?

I'm asking where their liability begins and ends.

 

[J.E.T.S]

I'm trying not to do that. Then I'll be the "angry black man" that's intimidating and threatening.

That will validate any insecurities or prejudices they might already have of us/me.

 

[LegendOfLedo]

You say "out of their hands", but this is due to negligence. I understand shit happens, but when it does the liable party needs to be accountable, and this is not what they are doing.

You say they don't have to offer me other living arrangements, but my apt is not livable. So I should be ok walking around on wet carpet until it dries? I don't wear shoes inside.... man whatever.

What about the smell? Have you ever dealt with a heavy mildew smell? With very little ventilation? So I should be ok w/ walking around in a sweatshirt and keeping both doors open until the carpet dries?

I'm asking where their liability begins and ends.

I'm going through this right now. The first thing the land lord offered was to move my family to another apartment. He wised up real quick once I told him I knew the apartment has had a history of flooding. The old tenant told me thats why she moved out to another apartment within the same building.

 

[MCP]

I do hope that you have taken pictures or recorded the damage to your home. This should come in useful in any dispute.

 

[dHustla]

What?

Sometimes you gotta know when you would be doing yourself and everyone that looks like you a disservice.

I go in there irate, they call police & say they feel threatened, unsafe, then what?

Gotta know when to play that card.

 

[shaddyvillethug]

So whats up

 

[dHustla]

Last Tuesday they had the carpet cleaned, without putting padding down because floor wasn't dry, left a dehumidifier, and showed me 2 other units to transfer to. I ain't like em.

I deducted my hotel costs out my rent and now management want to meet for me to sign some shit that release then from liability. I told em I'm busy... until Monday I used the word "discriminatory" in one of the last emails to Vice President now they might be spooked.

Shit is fixed now, there is still mold, I see it just haven't pointed out to them. Code enforcement ordered them to get a mold report done.

Insurance called me and it turns out that I'm covered up to $5k of personal property, so now I'm figuring out what all is damaged beyond repair and replacement costs, etc.

 

[dHustla]

This shit again.... *sigh*
I know I said it had worked out and renter's insurance sent me a check, but it is drawing out with management.

So after telling them, in writing, I was gonna deduct my hotel expenses from my rent, then paying them the difference.... they wanted to make accepting the discounted rent contingent upon me signing a release basically keeping me from suing them going forward.
Mind you, this is after I done already told them what I was gonna pay, I paid them on Jan. 4th, and they email me the release on Jan. 13th for me to sign.

I thought about it and the fact that I still have mold in my shit and they haven't done everything they said that they were gonna do and replied that I wasn't gonna sign away my right to recourse. He replied with they are going to return the partial payment and file for possession of apartment.

I don't give a fuck... I just need time to get another spot

 

[dHustla]

UPDATE:

Basically, management wanted me to sign a "release of liability" after I paid rent minus the hotel costs, like 10 days after. I read it, sent it to Jagu, but I ain't wanna sign it. I felt like they were dealing with me real funny style, "discriminatory" is what I put in the reply email when I told em I wasn't signing.

Long story short, they said they were returning my check and filing for possession. I answered the dispossessory warrant, got a court date, showed up in suit with pics, emails, etc., we went back & forth, judge kinda fought for me (especially about the black mold & them taking so long to remedy it; manager lied about service dates that I had emails & pics to back up) but didn't give me the hotel costs, and their attorney said some shit about the right to pay being independent of the right to repair .. and I lost.

I got put out.

I rolled the dice & lost, *shrug*

 

[OutlawR.O.C.]

UPDATE:

Basically, management wanted me to sign a "release of liability" after I paid rent minus the hotel costs, like 10 days after. I read it, sent it to Jagu, but I ain't wanna sign it. I felt like they were dealing with me real funny style, "discriminatory" is what I put in the reply email when I told em I wasn't signing.

Long story short, they said they were returning my check and filing for possession. I answered the dispossessory warrant, got a court date, showed up in suit with pics, emails, etc., we went back & forth, judge kinda fought for me (especially about the black mold & them taking so long to remedy it; manager lied about service dates that I had emails & pics to back up) but didn't give me the hotel costs, and their attorney said some shit about the right to pay being independent of the right to repair .. and I lost.

I got put out.

I rolled the dice & lost, *shrug*

Damn son sorry to hear that.

I lost my shit too.......It's a dirty game

 

[ballscout1]

I am confused.......was the water coming from a leaking roof ? or was it coming up from the ground ?

If it is a leaking roof then that ain't a flood and they will cover it.....

 

[dHustla]

I am confused.......was the water coming from a leaking roof ? or was it coming up from the ground ?

If it is a leaking roof then that ain't a flood and they will cover it.....

It was "outside water". I told insurance I ain't know where it was coming from!
They cut me a check after sending a guy out to take pics and hearing me say what all had got wet.
"We usually deal with homeowners insurance and a lot higher coverage limits, and after hearing what all got water damage I'll just send you a check for your full coverage amount, $5000"

So that was a plus, got a check for $5k.

 

[Dragonfly Jones]

One piece of advice for you is to never cancel that policy. As long as you rent keep that policy. If you try to get a renters policy and have a claim on your file its hard to find a company to give you a policy. Now if you buy a house one claim won't prevent you from getting s policy 2 claims in 3 years will though.

It was "outside water". I told insurance I ain't know where it was coming from!
They cut me a check after sending a guy out to take pics and hearing me say what all had got wet.
"We usually deal with homeowners insurance and a lot higher coverage limits, and after hearing what all got water damage I'll just send you a check for your full coverage amount, $5000"

So that was a plus, got a check for $5k.