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MIAMILAW1127, Lawyer
Category: Real Estate Law
Satisfied Customers: 755
Experience:  Founding Partner at Moises Law, P.A.
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I have renter's insurance, however, my insurance does not

Customer Question

I have renter's insurance, however, my insurance does not cover water damage from rain. The house I have been renting for more than 2 years had several inches of water to enter during heavy rains 12/24, 2/3, 2/15, 2/22 and 2/23. Water damaged all of my property in an intended storage area of the garage, furnishings in my family room and more recently a drip from the ceiling in the master bedroom 2/23 damaged a painting. I collected more than 2 cups of water in a bucket from water dripping from the ceiling. The landlord claims the roof over the garage was repaired. However, the exhaust pipe is where they claim the water came into the home, but the inside ceiling where the exhaust pipe is still has a large hole and water damage. Also it appears that area has been patched in years past.
What are my rights as a tenant? I wish to be relieved from paying rent because each of these incidents has caused damage to my property. Ultimately, I want to sue the owner of the property for the replacement cost of my property. I have paid rent, however rent will be due again on March 5 and I don't want to give them anymore of my money. What other steps do I need to take?
Thank you,
Kim Isreal, Decatur, GA
Submitted: 1 year ago.
Category: Real Estate Law
Expert:  MIAMILAW1127 replied 1 year ago.

Hello. Thank you for contacting me. I am a consultant here and I am looking forward to assisting you with your question. If at any point any of my answers aren’t clear please don’t hesitate to ask for clarification. Please be patient as I will be typing my responses to you from scratch. Also, I can only answer/address the questions you ask specifically based on the information your provide. Please try to provide as much information as possible so I can best assist you.

Please note: This is general information for educational purposes only and is not legal advice. No specific course of action is proposed herein, and no attorney-client relationship or privilege is formed by speaking to an expert on this site. By continuing, you confirm that you understand and agree to these terms.

You can try to claim a constructive eviction if the roof leaks are still occurring. In order to do that, you must have notified the landlord of the issue, the landlord must have refused to fix it, and the issue must make the property uninhabitable. This argument may not be as strong.

I believe that the better route would be to sue the landlord for breach of the lease for failing to maintain the property immediately. As part of the damages, add all the contents that have been damaged. Furthermore, pay the rent into the court registry instead of to the landlord. If you win, the money will be returned to you. If you lose, it will be given to the landlord.

I hope this helps. Please use the SEND or REPLY button to keep chatting, or please RATE when finished. You may always ask follow ups at no charge after rating. Thank you.