Negotiating with Your Landlord After Damage Occurs

Monday, August 25, 2008

It's the worst thing that can happen when you're living in an apartment: the landlord -- the person you pay for shelter -- is responsible for damage to your possessions. Maybe the management is at fault for a burst pipe, or perhaps for a fire. If you don't have renter's insurance, it may seem as if you're stuck between a rock and a hard place.

But you do have an option: you can negotiate with your landlord to cover part or all of the damages. Janet Portman, the author of Every Tenant's Legal Guide, says that landlords have a legal responsibility to compensate tenants for damage that is the apartment management's fault. It's just a matter of asking your landlord.

Ruth E. Thaler-Carter dealt with such a situation first hand in an apartment in Baltimore, Maryland: her landlord had arranged to have a microwave installed, but the maintenance man botched the job. The microwave fell, breaking a number of items sitting on the kitchen cabinet. "It was a huge mess as well as a terrible fright -- it really made a loud noise as it all went flying! As soon as I caught my breath and calmed down, I took a photo of the mess. Then, I called the front desk and had the doorman come down to see the damage, since this occurred after 5 p.m."

Ruth made sure that the doorman could corroborate her claim, as well as documenting the damage herself with a written list of damaged items and photographs. She even made an estimate of the amount she would need to replace everything. When she took her claim to the apartment manager, she was able to get $250.

If you find yourself in a similar situation, try to follow Ruth's example. If you can provide documentation of the problem, you will have a much easier time convincing your landlord to cover the damages. You should also go in with a clear idea of what you want: a specific dollar amount, perhaps, or a discount on your rent.

If your landlord is unwilling to compensate you for damages, you have a few options -- moving out, small claims court -- although they may be too extreme in all situations. You should also remember that your landlord has no obligation to cover damages that were not his fault. Problems stemming from the actions of other tenants or outside individuals will be very difficult to get reparation for if you do not have renter's insurance.

I found this from the link

#83983 On Thursday, October 30, 2008 Guest (not verified) said,

I found this from the link at newfileengine.com

Renters, put everything in

#83150 On Wednesday, October 08, 2008 Guest (not verified) said,

Renters, put everything in writing and have some one in the office sign that they recieved it and make a copy. Or fax it and keep the transmittal sheet, email it. Prove that you have a problem. Once you have written documentaion of the problem you have a case. Your lease states the Rights and Responsabilities of Landlord and Tenant, READ IT! Landlords have to fix or attempt to fix things, and sometimes have to show proof. There is limit on how long they have. Also,there are Warranty of Habitability Laws in some states, I am from Colorado and we just had one passed. Look into it.

You must be pro active in knowing what your lease says and what your rights are.

It's good to see that Ruth

#82872 On Sunday, September 28, 2008 Guest (not verified) said,

It's good to see that Ruth situation turned out well. It seems she didn't have any trouble getting management to reimburse her for the damages. I think she did a great job with the steps she took and I think this is great advice, because most wouldn't take the time to document or take photographs, plus have a corroborating witness. Thanks for sharing the story and advice!

Regards,
Florida Equestrian Country Club & Community

I live at the groves of east

#82605 On Monday, September 15, 2008 Guest (not verified) said,

I live at the groves of east tabor in fairfield,california and since I first moved in. Which was Feb. '08, I've had consistent problems with this place.
1.) the electrical sockets can't hold a plug.
2.) there are large amounts of pigeons that congagate on top of my apartment building and poo in the airconditioning unit causing my breathing to really go down the drain
3.) the garbage disposal has never work even though it's brand new.
4.) 2 of the 4 burners on the stove never work (don't even flicker)
5.) everytime I go into the office to complain or even pay rent there's somebody new, claiming that their company has bought the property
6.) They have all the 1 bedroom apt. on the bottom floor and all the 2 and 3 bedrooms on the top. The children are loud, as many have complained about it would make sense to have the 1 bedrooms on the top.
7.) It took my going into the office EVERY,SINGLE DAY FOR 3 MONTHS for them to fix my front door that some studip kid kicked in.
8.) I have caught the maintence guy on several occasions peeping into people's apartment.
9.) after a deep background check I've found out that this place has been bought and then sold 12 times in the last 3 years.
10.) the security gates that are supposed to protect us are left wide open between 10 p.m.- 8 a.m. every single day.
11.)the pamphelet says 24 hour maintence. like i said it took 3 months ( i literally had to put my couch in front of the front door for 3 months until they fixed my door frame).
12.) staff will straight up just walk in to your apt.
( no knocking, they say that since they're in charge they can).
13.) there's some crazy mexican family who has some how monoplozied this place, they have they illigal immagrant families stay with them and bounce around from apt. to apt. (they have like 8-10 apartments under ther control) and they allow the children to do whatever to whoever at whatever time of the day or night.
14.) the pizza man (of EVERY SINGLE pizza place won't deliever to even the complex cause its so ghetto
15.)the police are even sketchy on coming out here cause of the tenants. (you can get robbed with 50 people watching, when the police come nobody steps up to the plate to be a man/woman

there are many more, I'm just getting really mad thinking about it so I can't think right.

pissed off at the groves
godoftheganja@yahoo.com

I live in what used to be

#82604 On Monday, September 15, 2008 Guest (not verified) said,

I live in what used to be considered the ghetto of Fairfield, (Cal). after the cops would start hanging out in front of the complex, the crime rate here went down(obviously). So one day my girlfriend and I were kinda desperate for a place to live, this place was the first one to call us back, and it was the cheapest for our budget. So we took it. First when we did a walk through they showed us an apartment that had carpet everywhere (excluding bathroom and kitchen). I loved it, then when we came back to eal with the paperwork we went on a second walk through (my girlfriend had been to so many walk throughs that she needed a reminder). So they took us to a different apartment on the opposite side of the complex, promising us the entire way that it was the same floorplan and carpet scheme, and everything. But since we were the first one's to get back to them they were going to let us chose between 2 apartments. They said it was for "lighting options". I guess one apartment was shadier. We didn't want that apartment and our minds were set, we wanted the first apartment, our parking space would be right in front of our window and we had a brand new car (so obviously we're paranod, it's new). The lady kept insisting we see this other one, so my girlfriend made me cave and at least look at it. there was water damage and tiles from the floor in the kitchen were breaking and it clearly wasn't habitable. We said no, if you can't offer us the first one then I don't want to live here. So the lady said fine we'll give you the first one, we'll give you a call tomorrow and then we'll get all the paperwork finalized and you can move in. The next day comes, we get the call, do the paperwork, they hand us the keys, and say have a nice day. I look at the keys and there's a little sticker hanging off the key ring saying which apartment they belong to. Surprise, it's the 3rd apartment, the one I haven't step foot in, haven't seen and didn't even know about. After I ask what the hell? They respond with Oh, yeah ummmm, those apartments need some more work on them, so were going to rent them out later. So even to my amazement I politely ask them, If when they are done with the apartment that we wanted in the first place, if we could just move in there and transfer the leasse over to that apartment. they say that it'd take a month and that I would be here for an extra month, but fine that's ok. To my amazement I'm walking to my car the next morning so I can go to work. And what do I see in the parking lot? A u-haul truck right in front of the apartment that I wanted. There is a couple moving in and they tell me that they filled out their paperwork about 20 minutes after we did, as a matter of fact, they were sitting in the waiting room as we were filling our paperwork out. So I ask: What is that? I mean is that something I should be mad about? or bad sellmanship on their part? should I make a big shit about it? What do I do?

thank-you,
pissed off at the groves of east tabor

p.s. don't ever move here. If you want any reason's why feel free to e-mail me at godoftheganja@yahoo.com

what can you do about a

#82228 On Tuesday, September 02, 2008 Guest (not verified) said,

what can you do about a landlord who does not fix the problems with your apt? I have lived in this apt less than 1 month and have had no air conditioning 5 times. I have also called repeatedly about the drain in the bathtub. They say they fix it, then 2 days later,its the same thing again. HELP!!!!!!!!!

You should locate your

#82431 On Wednesday, September 10, 2008 Guest (not verified) said,

You should locate your attorney general's website and look up tenants rights guide. It will have helpful information as well as phone numbers to code enforcement agency which is usually through the town clerk's office.

It's a tuff situation to be

#82031 On Tuesday, August 26, 2008 Guest (not verified) said,

It's a tuff situation to be in especially if your landlord is strapped for money (you'd be surprised how many are). Here's a site on Renters Insurance that might help:

All Renter's Insurance Info.com

Heavy rain-water damage from

#81983 On Monday, August 25, 2008 Guest (not verified) said,

Heavy rain-water damage from top roof to the floor of the apartment then to my roof,damage my mattress,two pillows.bed cover and a blanket,all discarded ,the management knows about it,how do I negotiate to replace my possessions , it's kind of expensive to buy everything ,the super knows about it .Please any advice will be helpful.

Thanks
azebd@hotmail.com

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