QUESTION
Should they deduct part of my rent for whatever time we are unable to use this room?
Asked on Dec 27th, 2012 on Landlord and Tenant Law - North Carolina
More details to this question:
Saturday morning ,our roof started leaking and it ruined our new mattress (we’ve had it four months). The guy that came to fix it, said a pipe from the hot water heater upstairs leaked. It had a hole in it that had been patched up with tape and that he had now properly fixed it. I figured because it was a maintenance issue, the property management company would reimburse us for the mattress, but according to them it’s not covered by their insurance so they won’t reimburse me. I should have had renters insurance. What about the fact that we won’t be able to sleep in that room for at least a week? It still has two holes in the ceiling that they told me to air out with fans for a week and they are just going to come and look at the carpet tomorrow. Even with the fans on, the room still smells musty, which is leading me to believe there is already mold growing in the ceiling. And not to mention the cost of my light bill going up due to the fans going on all day in there?
4 ANSWERS
Land Use & Zoning Attorney serving Boston, MA
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Greenbaum, Nagel, Fisher & Paliotti, LLP
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Yes. This is absolutely landlord responsibility and the fact that their insurance does not cover is irrelevantthis is on themboth to replace your mattress and deduct rent for limited use of room
Answered on Jan 07th, 2013 at 12:27 PM
Yes, you are right. You have suffered damage because of the landlord's neglect. The landlord's statement that the matter was referred to the insurance carrier is an indication of his/her awareness of culpability. It doesn't matter that the insurer denied coverage. That issue concerns who pays you, not whether you are entitled to compensation.
Answered on Jan 07th, 2013 at 12:27 PM
Chapter 13 Bankruptcy Attorney serving Winston-Salem, NC
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Love and Dillenbeck Law
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Unfortunately the landlord is most likely right about the mattress. He is only liable for the loss of your property if he was put on notice or should have know about the pipe and failed to prevent the damage. Renters insurance is advisable for this very reason. You should be reimbursed for the time you are unable to use the room and the increased lifgt bill for the fans. You can file suit in small claims court for that.
Answered on Jan 07th, 2013 at 12:26 PM
Lisa Hurtado McDonnell
Should they deduct rent because I am unable to use the room for a short period of time? What does you lease say? If it is not address in the lease then you look to Utah Code of habitability and it only says they have a reasonable time to make repairs. You can only deduct when they fail to make repairs in a timely manner. They are make repairs therefore you can suggest temporary deduction for your inconvenience but they are probably not obligated. As for damages caused by the leak, look at your lease again what does it say? Generally leases state that landlords are not obligated to insure your personal property from damages. You should have renter insurance which is very reasonable I have been quoted $ 11 a month and $ 125 per year. Again you can ask and show a receipt to certify value but they are probably not obligated.
Answered on Jan 07th, 2013 at 12:26 PM