Flooded Apartment - Any Advice?

[jubilance1922]

I need some help and some advice folks...

Last night I came home around 9:30pm to find that water was dripping heavily into my apartment from the apartment above mine. It was practically a steady stream in my kitchen, dining room, bathroom and bedroom. Turns out there was a leak from the washer upstairs, and since its a vacant apartment, no one knew until the water started coming down to my apartment.

The carpet in my dining room, bedroom and hall are completely soaked, if you pull up the pad you can see where the water is puddling underneath. There is also damage to the ceiling and walls were the water was coming in. So far the rental company has had a company come in twice to suck up water and there are several of those blowers in my place. My living room is the only room that is inhabitable, at least to me.

So here's my question: What is the management company obligated to do for me? Right now they are just planning to repaint, and dry and treat the carpet. I'm deathly afraid of getting sick from mold, and I want them to at least replace the carpet completely. Plus, it sucks to sit in my apartment with a bunch of blowers going, I can barely hear myself think, much less watch tv or otherwise entertain myself.

Any suggestions on what I can do?

[ZTAngel]

That sucks. The same thing happened to my friend last year. A pipe burst in the apartment above hers. She had almost a foot of water in her apartment. Water was pouring out her front door!

The apartment complex was so greedy that they said her apartment was still livable. I visited her place and there was mildew all over her walls. Plus it smelled.

It sounds like your apartment management is doing what they can for now. If repainting the walls and drying the carpet solves the problem, they're off the hook. But if you can prove that there's mold and your apartment management won't do anything to solve the problem, you'll need to call a lawyer.

My friend had her attorney write a letter. Her apartment complex let her out of her lease. Luckily she had renters insurance so she was able to get some money to buy a new couch, dining room table and TV stand since the floor ruined her old furniture.

Funny enough, my friend lives in Orlando as well. I wonder if it's the same apartment complex.

[Honeykiss1974]

I would ask them to either let you live in a vacant apartment while they fix yours (if you want to eventually stay in your current apt) or pay for a alternative housing.

On a larger scale, they *should* allow you to move to another apartment or let you out of your lease to move elsewhere without a penalty (which in all honesty, is what I would do). If water has ran down walls, through your ceiling, etc. that means that it is probably wet behind the sheetrock. It sounds like they do not plan on replacing that which means even with a bunch of blowers going, it won't get dry back there.

[ThetaDancer]

A very similar thing happened to me recently and it was honestly a nightmare to deal with. I feel for you right now!
Take pictures of everything! My apartment managers kept trying to downplay the situation but having pictures helped my case.
Also, document every interaction you have with your apartment manager...every phone call, letter, etc. My apt. manager was absolutely terrible at returning calls and kept blowing me off. Having a record of how many times I tried contacting him, who I left messages with, etc., was extremely valuable.
And, if they try to tell you it is in livable condition but you disagree, have a building inspector look at your apartment. They can then contact the management. In Milwaukee, they have a tenant protection group, so the building inspector came for free and acted as a mediator between the management and me. You might want to look to see if they have something similar in your city.
Good luck! Keep us posted!

ETA: For those who may be in Milwaukee, this was Katz Properties.

[jubilance1922]

Thanks for the responses!

I have been considering asking to move to a vacant apartment; I was hesitate because I'm being lazy and I hate moving, even if its within my same complex. But it something I'm considering.

Honeykiss, I was thinking the same thing about the walls as well. The water seemed to follow the beams/supports, so I'm thinking they should at least replace those, along with the carpet to make my place really liveable. I didn't take pictures last night while everything was wet (I'm such a bone head) but you can still see where the marks on the ceilings and walls where the water has dried and left dirt and other crap. I'll take pictures of that.

[Rudey]

That happened to me. I walked into my apartment and the door was unlocked, their were fans blowing and the carpeting was ripped up.

The company won't do anything for you. They told me to make a list of damaged items and when I brought it to them they said they'll sese if their insurance covers it or if it all falls under rental insurance. Trust me they won't do jack.

Your carpet will stink even after they wash it and you better clean everything. Think about how many chemicals seeped through the paint and cement and are now all over. Basically it sucks and don't wait for them to take care of it, they won't.

-Rudey

[Cardinal026]

Even if the paint and treatments make your apartment look normal again, I don't blame you for being worried about mold. I know every county is different, but my friend's apartment had a serious mold problem and her leasing office is fine, but our county's Health Department would come out for free to inspect and write some sort of report proving that the mold was there, and was an issue. They were able to release themselves from their lease.

Sorry this happened Hope it works out.

[Kevin]

If you lived in Oklahoma, I'd know the answer under our Landlord/Tenant Act.

But you don't live in Oklahoma.

Also, I'm not a lawyer, so even if I knew the answer, I wouldn't tell you. It's a bad idea in general to solicit legal advice on the internet. It's an even worse idea to follow it. Talk to someone you know who is familiar with landlord tenant law in your state. Find your state statute. Know what your rights are.

ETA: I forgot to say that you'll be in my prayers. No one deserves this ****.

[tld221]

:running in to give my soror some love and condolences (but i dont have any valuable advice, sorry):

[jubilance1922]

Originally Posted by Kevin

If you lived in Oklahoma, I'd know the answer under our Landlord/Tenant Act.

But you don't live in Oklahoma.

Also, I'm not a lawyer, so even if I knew the answer, I wouldn't tell you. It's a bad idea in general to solicit legal advice on the internet. It's an even worse idea to follow it. Talk to someone you know who is familiar with landlord tenant law in your state. Find your state statute. Know what your rights are.

ETA: I forgot to say that you'll be in my prayers. No one deserves this ****.

I didn't ask for legal advice, I asked for advice from people who have been in the situation. So thanks for telling me not to ask for something that I didn't ask for.

Thanks to everyone else who actually read what I wrote and answered accordingly.

[Tom Earp]

Originally Posted by jubilance1922

I didn't ask for legal advice, I asked for advice from people who have been in the situation. So thanks for telling me not to ask for something that I didn't ask for.

Thanks to everyone else who actually read what I wrote and answered accordingly.

Shop vac first. Get the water up. Everything will be ruined!

Get the carpet up or mold can set in!

Sorry that this happened to you!

Been there and it isnt any damn fun!

[OneTimeSBX]

new carpet wont do anything unless you live on the bottom floor and they take everything out down to the concrete...i have been in this situation, except our half-underground apartment was next to a burst water line that was actually seeping thru the walls (it looked like a special effect in a sci-fi movie i swear!)

your main concern should be the mold and mildew, it is a silent killer...

[AGDee]

This happened to a co-worker's daughter and her hubby just a couple weeks ago. Their renters insurance is covering her stuff and going after the apartment's insurance for the deductible. They offered them a different apartment because theirs won't be liveable for a while but ONLY if they would sign a paper saying that their insurance company won't go after the deductible from them. So, they have refused to sign, gotten a lawyer and are living with my co-worker for now. They just want out of their lease at this point and get their $500 deductible paid.

[ShaedyKD]

Sorry that this happened to you, I can feel ya - I live on the top floor and my roof leaks every time we have a downpour. My best advice would be to ditto those that said document everything, if your complex office is not working with you, hopefully there is a corporate office that you can contact. As much as it would suck to pack everything up, if there is an option for you to move within your complex, I would probably take it. I'm sure some friends would pitch in and help you move.

Word of advice to every apartment resident - GET RENTER'S INSURANCE! Even if you are in college, the contents of your apartment would be very expensive to replace if, God forbid, there was a fire, hurricane, tornado, flood, etc. Like any insurance, a couple bucks a month is worth it, because you never know!

[Kevin]

Originally Posted by jubilance1922

I didn't ask for legal advice...

When you ask what the landlord is "obligated" to do for you (your exact word, I think), that's a legal question. What other than a legal duty would you expect to "obligate" them? Religious fervor? A strong belief in a perfect tenant experience?

There's need to be snippy. I was just pointing out that the answer to your question is possibly more complicated than you might think.

Good luck with your situation.