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Andrea, Esq.
Andrea, Esq., Attorney
Category: Legal
Satisfied Customers: 11858
Experience:  25 yrs. experience in family law, estates, real estate, business law, criminal defense, immigration, and employment law.
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My name isXXXXXons and I have been renting for over 2

Resolved Question:

My name isXXXXX and I have been renting for over 2 years now, I have always paid my rent on time and I have had a asthma problem since birth. My questions are, on July 20th my apartment was flooded from faulty flex pipe that connects from the wall to the toilet tank in the apartment above me on the 2nd floor this flex pipe (1/4 in) busted sometime during the night flooding the upstairs apartment which after hours of the water seeping through his floor, came crashing through my ceiling. The tenant upstairs, said that he had woke up in the morning and was walking through water throughout his entire apartment, and at 7: 30 am he had tried to reach the office/manager to let them know that there was a busted pipe in his apartment. No response from the manger or office till 9:30 am when they called my roommate at his place of work to request to go into my apartment to see if there was damages. I showed up at 10:30 and walked in my apartment and it was raining throughout the entire apartment, and throughout my entire apartment it was covered with water at least 2 inches of water deep. At 11:30 my roommate and the manager showed up with a maintenance man that was already soaking up the water upstairs. The manager then began to tell us that we are liable for all our damages to our apartment and told us to go somewhere else and save the receipts, she never stated that we would be reimbursed. I had asked the manager if they were going to put us up into a hotel and she said no, that we needed to contact our insurance about that because they were not liable. I had took photos and video of my apartment before any damages and after any damages, to show what my apartment looked like before and after, so I left and was homeless for 4 days however I went everyday to check on the apartment and to see if anything was salvageable. After I contacted some legal help on Friday July 23rd, the legal help called them, explaining that they should have put me up into a hotel and an hour later the apartment complex called me and said that they would set me up in a hotel and I have been there since.
When I first moved into the apartment, the complex made us sign a waiver stating that there was asbestos but that it was contained and to not put any holes or hang anything from the ceiling. The complex knew about this problem about the asbestos in the building from the very beginning, but now since because of the flooding the ceiling has numerous holes and water soaked everything, it wasn't just one spot where water was coming from, it was the entire ceiling.
1) who is liable?
2)I want to be made whole and reimbursed for, furniture, clothing, food, pots and pans, sheets, towels, tv, home theater system, computers, ps3, printer, etc. There is approx. $15,000 in damages?
3)Can you give me 5 good remedies to be compensated?
4)How long should they accommodate me at the hotel?
5) Do I have to pay rent that is due on August 1st?
6)How much if any rent should be paid, if the apartment was totally damaged and is uninhabitable do to the asbestos?
7)Can I consider this being forced or extortion when the complex tried to make me sign a release of all liability against them, in consideration of $10 because they said that they can only test the furniture with the signing of the release of the apartment and all liability?
8)If I use the withholding rent remedy, what are my chances to prevail?
9)If they try to evict, does that open up Pandora's box for us and can I then counter suit with property damages, pain and suffering "4 days homeless, aggravation, stress, hunger, moving fees, (last month rent and deposit)?
10)what legally was complex suppose to do for me when my apartment was totaled?
11)Must I show all receipts for damages to collect even if some receipts can be found?
12)What do you think the other sides chances are to prevail to not having to pay for my damages?
13)What defense would you use if you were owner and I was tenant to prevail against me in this situation?
14)Is furniture and clothing and all belongings contaminated by the flooding of the water and asbestos in my apartment and can it be cleaned or is it not usable?
15)What would you say to their legal department if you wrote them a letter of hopefully settling now, if damages are approx. $15,000 (I pissed that they just threw me out into the streets so I would like to claim pain and suffering and possible medical and future medical because of my asthma)?
16)Can i collect punitive damages since they demolished my apartment by trashing all my belongings into a couple of piles, ripped up the carpet, turned out big fans to try to dry carpet from underneath, and there is mold all over the carpet which the complex is trying to salvage?
I would be happy with $20,000 to walk away from this, what are my possibilities of settling?
Submitted: 4 years ago.
Category: Legal
Expert:  Andrea, Esq. replied 4 years ago.
Can you condense your facts so that I may help you ?
Customer: replied 4 years ago.
my apartment was flooded on july 20th do to a faulty flex hose from tenants upstairs
all my property was destroyed
there is asbestos that has now contaminated everything in my apartment
owners do not want to reimburse me
left me homeless from july 20th to july 24th
who is liable, upstairs tenants or apartment complex?
what all can I be compensated for?
want to collect for pain and suffering

Expert:  Andrea, Esq. replied 4 years ago.

Thank you for your information.

 

The owner of the building is responsible for all your damages. If any acts of the tenant upstairs contributed to this, then they could be held responsible also. Notify both the landlord and the tenant that you are holding them responsible and give them 5 days from the date of your letter to let you know their position. Send the letter by certified mail, return receipt requested, keeping a copy for yourself. If they do not respond, or respond by saying that they will not pay for your losses, then your only recourse is to sue them in Small Claims Court in your County. You can claim all your damages, including funiture damage, moving costs and everything else, except for pain and suffering. The claim is founded on a Lease which is a Contract and, unfortunately, the law does not allow damages to be awarded for pain and suffering in contract cases.

 

_____________________________________________________

 

 

BONUS is always appreciated

 

That is the only way I get paid

 

 

Kindest Regards,

 

ANDREA, JD, LLM

MEMBER, NY & PA BAR

 

Customer: replied 4 years ago.
Can I consider this being forced or extortion when the complex is demanding that I sign a release of all liability against them, in consideration of $10 because they said that they will only test the furniture for contamination levels with the signing of the release of the apartment and all liability?
Expert:  Andrea, Esq. replied 4 years ago.

It is not extortion. However, do not sign the Release under any circumstances, Except, of course, if they offer you what I mentioned in my previous Answer.

 

It might be a good idea to get your own expert to test the furniture and get a report on the type of contamination. You would be entitled to all of your costs if you could not settle and you had to sue them. So, you would get all the damages I previously described plus your costs, including this one.

 

_____________________________________________________________

 

 

BONUS is always appreciated

That is the only way I get paid

 

________________________________________________________

 

 

 

Kindest Regards,

 

ANDREA, JD, LLM

MEMBER, NY & PA BAR

 

Andrea, Esq., Attorney
Category: Legal
Satisfied Customers: 11858
Experience: 25 yrs. experience in family law, estates, real estate, business law, criminal defense, immigration, and employment law.
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Andrea, Esq.
Andrea, Esq.
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25 yrs. experience in family law, estates, real estate, business law, criminal defense, immigration, and employment law.