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Thomas McJD
Thomas McJD, Lawyer
Category: Landlord-Tenant
Satisfied Customers: 46
Experience:  Landlord-Tenant Law Expert
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My wife and I live on the second floor of a four-story

Customer Question

Hello, my wife and I live on the second floor of a four-story apartment complex. Due to a flood on the fourth floor we needed to move out for repairs to be done for a month and 16 days. The flood was due to the fourth-floor tenant. (This is what the manager told me, I believe the fourth-floor tenant is challenging their liability.) The management company is telling me I need to pay my rent and file a claim with my renters liability insurance and go after the fourth-floor tenant for our loss of use. My understanding of the situation is that the management could not charge rent for an uninhabitable unit and that they could not charge me rent but could add this loss of rent to their damage claim with the tenant’s insurance. The last information I received was that they were going to contact their legal department to see if they could give me the fourth-floor tenants information.
What do I do?
JA: Does the minor have a job or other assets?
Customer: what minor
JA: Has anything been filed or reported?
Customer: do noy know
JA: Anything else you want the lawyer to know before I connect you?
Customer: no
Submitted: 2 months ago.
Category: Landlord-Tenant
Expert:  Infolawyer replied 2 months ago.
Greetings! I am a legal expert on the site and am working on your question.On review of your facts, you have a good case.Management cannot charge rent when premises not habitable.Furthermore any money paid during period and property damage must be reimbursed.You want to prepare your case by creating a time line starting from the earliest event. For each event, write down key details and witnesses and if there is a document that relates to it, save it and refer to it. This timeline can be very valuable in narrating your case and presenting it later in a concrete and specific way.
Expert:  Infolawyer replied 2 months ago.
Please let me know if that is acceptable and feel free to reply back and follow up