Strong winds blow 3/2. Tree falls on rented townhouse and damages roof. Landlord notified. Reputable roofing company (same one that installed new shingles in 2017) inspects the damage. Tells landlord it cannot make repairs because at least one truss broke. Landlord notifies insurance company. Adjuster scheduled to look at damaged roof 3/26.

Heavy rains fall 3/26 (and turn into snow 3/27). Water enters through damaged roof. Ceiling in bedroom collapses from saturation, ruining furniture, mattresses, carpeting, etc.

Rain water leaks directly below into dining room, damaging furniture and carpeting.

Rain water leads directly below into the basement. Nothing damaged.

Landlord notified. Insurance company notified. ServPro comes immediately to inspect and mitigate water damage.

Three days later ServPro starts mitigation to dry all three rooms and their contents. Tarp finally installed over damaged roof.

Three more times over the next 10 days, the tarp gets expanded to cover more of the damaged roof.

So now this:

1. Landlord cannot get roof repaired until insurance claim approved and contract awarded. Roofing contractor cannot start work until FFXCO approves construction permit.

2. Renter's insurance will not pay for clean-up of personal belongings until roof repaired, and lease indemnifies landlord from any claims.

Because my landlord did not tarp or repair the roof before the storm that happened more than 3 weeks later, I got to pay a $500 insurance deductible and won't get my stuff cleaned or replaced for probably another month or two.

Other than "suck it up buttercup," any thoughts on what I can do here?

Small claims court for 500.00 deductible plus a bit more for nuisance.
He had plenty of time to hire someone to TARP the roof.

Yes. Seems to me you are letting everyone else make their problems your problem. You need to push back.

Don't suck it up. Grow a pair.

You have rights and should go to tenet rights docs of Fx Co. I believe you can deduct any expense you pay on the house from your rent - submit receipts. If you like where you live then you'll have to deal.....otherwise, GET OUT!

PMJHN Wrote:
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> You have rights and should go to tenet rights docs
> of Fx Co. I believe you can deduct any expense
> you pay on the house from your rent - submit
> receipts. If you like where you live then you'll
> have to deal.....otherwise, GET OUT!

Well this is not a normal expense and certainly I would go to the Landlord and ask for a check in the amount of the deductible with proof in hand that the deductible was paid.
If the landlord refuses to compensate for the tenant's loss of paying a deductible then I would take it to court.

Also, there are some things tenants are responsible for which have to do with maintenance. It is not the job of landlords to pay for and change a furnace filter for example. The tenant is using it, not the landlord and it should be kept in good maintenance while in use in as if the tenant themselves owned it.
Also, damage incurred by the tenant is the tenant's responsibility to repair.

Also, there is no legality to deducting the rent. You cannot pay the landlord less just because something needs fixing or repairing. This kind of tactic will not hold up in a court of law and the lease is a contract.

Your landlord is doing everything right, almost. it's the county and insurance company that are the issues. They should have not let SERVPRO in, those guys will make any situation worse.

The landlord is great. Been very responsive when something breaks down, such as a major appliance. I also do the routine maintenance in and around the townhouse.

The tree falling was an "Act of God" (or, IMHO, Mother Nature).

The issue for me is one of negligence with nothing getting done for several weeks to protect the house from the damaged roof. The landlord needed the first roofing company (before filing an insurance claim) to install tarp.

(I offered to do so myself and told no because the roof is three-stories high).

So my stuff gets damaged three weeks later from the rain, and some of my stuff still sits wet in plastic bags awaiting my insurance company to authorize cleaning and/or replacement.

I learned yesterday my check is "in the mail" less the $500 deductible.

This just sucks.

Pace university law school graduate here:

Just ASK to get $500 deductible off the next rent that is due.
Same as getting cash from landlord.
Smart move having renters insurance(which is a misnomer bc not only renters can get this coverage).
Add a few extra items to the “damaged list,” for your aggravation.
You’re going to take a hit on your CHARMS report anyways, make it worth it.

Kind Regards,
P. B.Z. L
Esquire

Suck it up Wrote:
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> Your landlord is doing everything right, almost.
> it's the county and insurance company that are the
> issues.

It is also the landlord. Residential properties are leased with an implied or express warranty of habitability. That applies for the duration of the lease and not just at the time the property was rented. The general rule is if the property becomes uninhabitable for reasons other than the tenant's negligence or intentional wrongdoing, it is the landlord's duty to fix it sufficiently to make it habitable. The county may be making it difficult for the landlord to do a permanent fix. The county isn't making it commercially impossible for the landlord to do a temporary one.

The problem you have is that the remedy for your landlord failing to keep the property habitable isn't to stay there rent free, unless the landlord agrees. Your remedy is that you get to move out. If you like the residence, the location and/or the landlord, this isn't a very good remedy, but then staying is your choice.

Yup agree. Your landlord sounds like a cuck, not sure why he would own rentals if hopping on the roof and tarping it down is out of his skill level. It would take all of 30 minutes to do on a town house. How does he not see a broken truss?!?

1) Get a RocketLawyer subscription, and ask your question there. You will get a response from actual lawyers. I'd ask whether the "indemnifies" clause truly shields the owner from property damage liability.

2) Politely ask the owner for a $500 credit, and explain your loss. Mention you offered to cover the roof yourself, but because no tarp was there, this loss happened. And that the $500 credit would go a long way toward a lease renewal, not to mention just not leaving now. Re-leasing to a new tenant takes money and/or time. especially with a hole in the roof.

3) A question for a lawyer, but you probably have grounds to break the lease, and leave immediately. Your property damage is likely proof enough of the lack of habitability of the property, and with the roof not repaired a month later, I think you could walk. Believe it or not, you are doing the landlord a solid by not breaking the lease when there is a hole in the roof; a $500 credit for that alone seems fair. Imagine how hard leasing to a new tenant right now would be... Again, ask a lawyer. If the situation is well mitigated at this point, your "break the lease" option may no longer be valid. If there is a reasonable chance of further injury/damage though, that is a different story.

4) You can't withhold rent; that won't stand up in court.

Shit happens and sometimes losses are unavoidable. That's why you have personal property insurance. That said, I think the landlord was negligent here; your loss was completely avoidable as weeks went by before a tarp went up. There were plenty of contractors available to do so; your landlord just didn't make the call. If he/she has an ounce of sense, they would cut you a $500 check; for a landlord, that's nothing.

Contact RocketLawyer and get a better sense of your options.

It's been "legally true" that "Time is Emergency"

Lex necessitatis est lex temporis i.e. instantis - The law of necessity is the law of time, that is time present

YOUR CHATTELS WERE DAMAGED BY INTENT, WAS EASILY FORESEEABLE, NEGLECT

waiting on papers is not an excuse to let water in a building - which is a safety hazard and can also cause loss of life (or fire, etc).

however, that doesn' meant fx co courthouse follows the law. they don't. infact they have a tipping record of favoring the landlord in all matters.

you can't even file a court case and get a ruling all things considered for $500

you'd be a fool to argue.

YES, they have you where they want you

THE STORY IS COMPLETE BULLSHIT AND CROSS TESTIMONY

* HE SAID HE HAS TO PAY, BUT NOT WHO ASKED HIM TO PAY.

* HE SAID THE INSURANCE COMPANIES STALLED STAYING ANOTHER REVIEW WAS NEEDED (neglecting to follow up and tarp until then), LATER HE SAID THE LANDLORD DID NOT TARP THE ROOF - which crosses the previous statement. HE SAID it's the landlord's insurance policy, he later implies it's his policy. he doesn't say why he'd be paying the landlord for a landlord's policy (instead of the company) or why his insurer would not have contacted the other company (INSURANCE COMPANIES contact each other - this guy must thing we're idiots)

k3n9j

The Fairfax County consumer protection division can help you. File a complaint with them from fairfaxcounty.gov under complaints

Landlord negligent Wrote:
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> Small claims court for 500.00 deductible plus a
> bit more for nuisance.
> He had plenty of time to hire someone to TARP the
> roof.


Someone should have called Roof Masters.....