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I WORKED HARD FOR MY HOUSE AND I COULD AFFORD IT TOO.
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ugh | Apartment roof leaked, computer destroyed, is my landlord liable? |
This is for a friend. I am on here to get information to help her.
She lives in California, 3rd floor (top floor), of an apartment building.
The roof leaked 1 month ago and a substantial amount of water poured through the area where here fan was installed in the ceiling destroying her computer which was valued at $3000. My friend does not have renter's insurance. There were also $1000 worth of irreplacable programs on the computer which she used for her work.
She has clean and crisp video actually showing the water pouring down from her ceiling. She contacted the building maintenance person by phone and in person when this incident happened. He has been avoiding her ever since, and keeps promising to talk to the building manger about it and get back to her. This has not happened. The maintenance guy won't give us the building owner's full name or address. All we have is the building manager's phone number and he is not answering out calls. The maintenance guy is also difficult to get a hold of, not answering his calls for days and weeks at a time.
We want to take some sort of action.
1. Who is liable for the damage to her computer?
2. How can she go about getting reimbursed for her computer?
3. Is he/she liable for the computer programs also?
Thank you very much. |
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Landlord
 |
All three of your questions have the same answer, she needs to contact her insurance company. The landlord has no liability over her possessions.
The fact that she decided she did not want insurance is her option. Since she has none, there is no one to pay for her things other then herself.
The owners name and address is still none of her business. |
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PJ
|
She should have had renters insurance. He isn't liable. |
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ann h
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Your landlord is responsible for the leak and the roof repair.
However, you should have renters insurance to cover personal belongings. |
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Kenneth
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Nope, your landlord is not liable. |
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kali
|
I live in Missouri. In my lease it states that the landlord is not responsible because it isn't anything that could be prevented if noone knew it would leak. Tell her to check her lease agreement. It should say who is responsible, but I'm afraid there is no way for her to be reimbursed unless the landlord knew about the leak and chose not to fix it... |
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boilerette72
 |
Not unless he was negligent. Your friend would probably have to hire a lawyer to prove it too, which will probably cost more than a new computer.
Programs are not ir-replacable, especially if they were registered with the vendor, as they should have been, then she can get a copy of the SW and the license. |
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Mr Placid
 |
Landlord not liable, unless your friend can show the landlord was negligent. For example, if the landlord knew about the leak, and failed to repair it, the landlord could be liable. The burden of proof is on your friend. If your friend thinks she can make a case, then small claims court is the way to go. |
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Pengy
|
That is what the have renters insurance for, Landlord is responsible for the building, tenant for their own personal items. Just as in if the place burned down landlord would not be responsible. My question why did she video the leak instead of saving her computer? Throw a few garbage bags over it to stop the water, move it etc?Programs used for work, are purchased by work, and can be replaced by them at no cost as they have paid the licensing fees. If they where pirated copies (which is prevalent in today's society) your friend would be hard pressed to prove they where not. Sorry water under the bridge, accept the loss and next time get renters insurance. Just another note must of been one heck of a system, or one very old one to costs 3, would like to know the stats on it since I have 2 X-blade custom gaming computers with 22" LCD screens, and top of the line graphics cards and my total expenditure was around 2K each, along with a HP 17" DV6000T laptop with 4 megs of ram and that was only around $1,500 |
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sparkey
 |
it depends on the rental agreement, if there is a clause stating that their contents should be insured while in the house you cant do anything but if it states the landlord should insure the contents you can claim |
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Micki
|
Was the leak the fault of the management?
Usually, when you rent - the landlord is only responsible for repairs to the building. Renters insurance would cover the renter's possessions. This is problably going to be a life-lesson for your friend. Renters insurance is relatively inexpensive. She should get it for the future. |
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pebblespro
|
Well, I'm no expert by any means but, it seems that your friend should've had some type of insurance on his/her property. In these type of situations there's no telling if the building manager, janitor or whomever could've known that water would leak into an apt. and ruined the computer. That's what renters insurance is for to protect the valuables of the resident. I would keep contacting the building manager. Also, you should have a copy of your lease which should have an address of the person responsible for leasing the property.. There you should be able to find someone else to talk to sort the mess out.... I would say you are BOTH at fault. Your friend for NOT having the proper renters insurance and the building for not having the roof repaired or in sound order...
You may have some sort of legal action but, you'd have to go to small claims court. *Your friend has video surveilance of the damage to the apt but, won't pony up for renter's insurance for under $100 a yr.! Sounds a bit bogus! |
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Heather V
 |
the landlord is not liable, this is what renters insurance is for. If she does not have insurance that is her fault. |
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Melissa F
|
Usually the homeowner is not responsible because that is what renters insurance is for. She could try suing the property owner (if she does not know the owners name she will be able to find out after she gets a lawyer and files the lawsuit). Personally I would tell her to talk to a lawyer about everything and see what they say. |
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joscasta
|
You can find out the building manger name thru tax records. His name/company should be on there. Even look at the lease, to see if the name is on there too.
Your friend could sue, if she was able to find out when the roof was last fixed/repaired. Have her talk to any other residents that have been living there longer than her.
Also, always carry renters insurance and know the name of whom you are renting from! |
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el perverto
 |
it happened to me once and we successfully sued. |
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J Bird
|
That's a real good question I am intrigued for the anwser.
If she had renters insurence then it would be covered.
Maybe the labnlord does? |
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dancingstarr
|
I have the same question, kind of. It wasn't my computer, but high-end copier that was damaged. I do have renter's insurance, as is required by the complex, but this kind of loss doesn't seem to be covered. And by the way, my insurance is just under $400 a year. |
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