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Antionette | Is my apartment complex held liable? |
I live in an apartment complex and my air condition just recently went out July 4th. The AC was fixed by a electrician leased through the apartments on Saturday, July 7th.
The electrician came out Thursday afternoon but in order to fix the AC half the main power had to be turned off in my apartment. It started to rain and he refused to finish the job.
The power was left half on for two days. The electrician didn't show back up until Saturday to fix things.
My bathroom, kitchen, and living room had no power. The food in my freezer and refrigerator spoiled thus I had to throw away $100 -$150 worth of food.
The apartment manager is telling me that they do not have to re-reimburse me for my food lose and that it states so in my lease. I've looked at my lease and it says that the complex has property insurance but not for a tenants personal belongs, that they should get renters insurance.
I have a scanned copy of my lease here. http://i188.photobucket.com/albums/z125/tehstuffz/contract2.jpg
I have pictures of from when I had to throw out my food and a maintenance personal as a witness.
My question is, is food consider personal property? Even so is my apartment complex liable and have to compensate me since it was their electrician that left my power only half turned on? |
 |
 
mark
 |
Take them to small claims court (the electrician and the complex). It will cost you about 25, but you will get it back if you win. The electrician was negligent, so you should win.
However.......
Is it worth it? |
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Expert Realtor
|
Your landlord is wrong, and I would remind her of that, and you could sue her in small claims, but by the time you pay the fee, and go to court, take a day off from work, it will cost you more than $150.
What the landlord is referring to is "acts of God". Let's say that lightening or a storm, sent the power out for a couple of days...then they are not responsible.
What happened to you is not an "act of God", but an "act of negligence".
You see the difference?
If their NEGLIGENCE causes you a direct loss to personal property, then you bet your rear they are responsible, they are just not responsible for random, unexpected and unpredictable events such as another tenant causing a fire, etc.
PS: I had 300 lbs of water come through the ceiling of an apartment bedroom during an ice storm and ruined $4,000 worth of bedroom furniture. Landlord refused to pay...said it was an "act of God"...however, I found out that the pipes really burst due to a faulty repair that was done shortly before I moved in. I took him to court and won...and the landlord was one of the largest landowners in our city, and brought his attorney with him to court and I still beat him. |
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New Nana
|
Its a requirement to have working electricity in a livable domain. Its gonna cost you more to fight this than you lost, but you are definitely correct on this. |
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mikeyc06010
|
Food is considered personal property but you can always file a complaint with the housing authorities. The land lord should be providing you a livable apartment and I would think that an apartment with limited electrical service would not be considered livable. You might even have a case in smal claims. GOOD LUCK! |
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reciprocityabound
 |
This happened to me and I was reimbursed for the groceries because they called out the technician who left the electricity off. I would think that an apartment complex would like to show some sense of customer service but I really don't think most apartment companies know what that is. They should pay you for your groceries, even if you had renters insurance I am sure it would not cover the loss of your groceries!?! I would keep calling until I made it to the top of this management company
GOOD LUCK |
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ness0059
|
They would be liable for the damages done to food b/c it is complex responsiblity to make sure that the electric should have been turn back on if the rain started and the job wasn't going to be finished...
With that being said you can file a Commerical Property claim with the Apt insurance company...It would be filed under a General Liabilty claim...Go to the apt complex and find out who the property is insured with...this process does NOT require lawyers...they will investigate the situation...You more than likely need receipts for the items...hopefully this will work for you...I work for and insurance company taking commerical claims...and claims like this is normal thing...~V |
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shy2
 |
be sure that u have the copy of the agreement u made with the aparment then try to reach some one in the management. get then to pay u the the lost of all your good. do not settle for any less then the.. |
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ebosgramma
|
Did it occur to you to run an extension chord from another room in your apartment that did have electricity? I would say that if your entire apartment was without power then yes the landlord would be liable but since you say you had power in part of the apartment then you should have been able to keep your fridge plugged in. The landlord could have been held responsible for the cost of the extension chord. |
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acermill
|
Of course food is personal property. Had you had appropriate renter's insurance, your loss would have been covered.
Consider this as a comparison. If a huge storm passes through, and the electricity is interrupted directly from the supplying utility, will THEY pay for your food ? Of course they won't. The same applies to the landlord.
Get renter's insurance. Now you know why it's a good idea to do so. |
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