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My daughter just came home to a flooded home. New

Customer Question
My daughter just came...

My daughter just came home to a flooded home. New construction under 1 year old. She , husband and 2 dogs are in hotel and now asked to move to different hotel and insurance has 1,000 deductable. Do they need legal representation? I think the home warrenty and the landlord should be responsible for their deductible..

Lawyer's Assistant: What steps have been taken so far? Has any paperwork been prepared or filed?

I believe they just made a verbal claim with their own insurance.

Lawyer's Assistant: Where is the home located?

Idaho

Lawyer's Assistant: Anything else you want the lawyer to know before I connect you?

No thanks

Submitted: 3 months ago.Category: Real Estate Law
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Customer reply replied 3 months ago
In case it isn't clear - they rent the home and the landlord lives out of state.
Answered in 1 hour by:
3/21/2018
Real Estate Lawyer: legalgems, Arbitrator replied 3 months ago
legalgems
legalgems, Arbitrator
Category: Real Estate Law
Satisfied Customers: 13,597
Experience: Just Answer consultant at Self employed
Verified

Hello! I will be reviewing your question and posting a response momentarily; if you have any follow up questions please respond here. Thanks!

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Real Estate Lawyer: legalgems, Arbitrator replied 3 months ago

I am sorry to hear this;

so the resident is the tenant?
Does the tenant have renter's insurance?
What was the cause of the flood (tenant or owner's fault)?

Does landlord have insurance?
Does the lease address whether the tenant must have renter's insurance?

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Customer reply replied 3 months ago
resident is tennent. They have renters insurance with 1000 deductible. Builder has assumed responsibility and is making repairs. They will need to replace furnishings so who pays for that including deductible? Thanks
Real Estate Lawyer: legalgems, Arbitrator replied 3 months ago

Thank you;

So essentially when a third party (owner, builder) is liable for a defect that causes the tenant damage (property damage) generally the court will hold the third party liable under doctrines of "negligence".

Negligence requires a showing of:

1) That a duty or specific standard of care was owed
(2) That the duty or standard of care was breached in some manner by the defendant
(3) The breach caused damages to the plaintiff
(4) The plaintiff suffered as a result of such negligence.

The court typically allows "reasonably foreseeable" and "proximately caused" damages so generally the cost to repair the situation, damage to personal property and lodging expenses if the home is not habitable.

The insurance company may also seek indemnification-they may sue the third party for reimbursement for any claims paid out under the renter's policy.

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Real Estate Lawyer: legalgems, Arbitrator replied 3 months ago

Hello; just checking in on the above.
If you have further questions please post here and I will do my best to get you the requested information.
Otherwise
kindly rate positively (hopefully you feel I have earned 5 stars) to help maintain my high customer satisfaction score and so I know you were satisfied with my services.

The above information is for educational purposes only. An attorney in one's jurisdiction can be located at https://www.americanbar.org/groups/legal_services/flh-home.html
Thank you.

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DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.

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