House Flooded

Updated on September 10, 2011
B.K. asks from Lindstrom, MN
13 answers

we have a verbal agreement on a house we were renting we noticed black mineral deposits in are water and low water pressure in the kitchen sink upstairs so we called the owner and asked what it could be. they said the filter needed to be changed under the sink every six months in which they neglected to tell us prior so to are knowledge the filter hasnt been changed for two years or longer. so we replaced the filter checked it daily to make sure everything is okay no leaks etc. well we went out of town for 3 days and come home to 90% upstairs and 90% downstairs damaged including are belonings. Now when we moved in they told us not to get renters ins. cuz i believe she had a modified loan and wasnt supposed to b renting it out. three months have passed we now two adults and four children are homeless, paying for are own storage unit for are belongings cuz they said it had to get out of garage so workers can come in just within last week or so said we were not able to move back in we are not getting compinsated for are belongings or nothing what are my rights as a tenant we were paying all the bills with are checks and so fourth bills paid on time what can we do. to add more to the situation we were not receiving renters credit because she didnt want to claim it and lied toinsurance company about the belonings in her house being hers she is using are personal property as a loss to go towards her deductable

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D.P.

answers from Pittsburgh on

Personally, I'd try a free consult with an attorney on this O..
Best of luck!

4 moms found this helpful

B.C.

answers from Norfolk on

You might be able to try small claims court but I'm not sure how much luck you'll have with it.
Always, always, always get renters insurance.
Their loan is not your problem and now your damages are not their problem.
You most likely will never move back in to that place again.
You need to find another place to rent.

3 moms found this helpful

T.K.

answers from Dallas on

You can file a claim against thier homeowners insurance, if you know who they have it with. You can also pull up a copy of the federal fair housing guidelines and check for tenants rights. Google tenants rights in your state too. That should give you some resources to start with. I would not move back in there, if you have a choice. Definately get renters insurance, no matter what the landlord says. Call your auto ins company. They should be able to get you the best price and you'll probably get a discount off your car insurance too.

3 moms found this helpful
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G.B.

answers from Oklahoma City on

You are a renter. You should have gotten renters insurance, she would never have known. Even if you lived in an apartment with a full lease they would not cover your belongings during a flood that was not their fault.

I feel bad that you lost everything though. That stinks. You may be able to get some help through some community agencies that help people get back on their feet after disasters like floods and fires.

1 mom found this helpful

D.D.

answers from New York on

As you probably know a verbal agreement isn't worth the paper it's written on. Send the landlord a certified letter outlining your loses and asking for reimbursement for your things. Her loan modification should not have kept you from getting renter's insurance but since she told you not to get the insurance then your loss becomes her responsibility.

If she doesn't respond then sue in small claims court. You have your utility bills and rent payment checks to show that you were in that property with her knowledge. If you receive a settlement put a lien on the property so you'll get the money if she tried to sell or refinance the house.

1 mom found this helpful

S.K.

answers from Denver on

with a verbal agreement there isn't much you can do. you need to get everything in writing. I think the only chance you might have at getting any money from her is small claims court which that will be a lot of work and probably a lot of he said she said and it being thrown out. I'm sorry that you are going through this.

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K.H.

answers from Minneapolis on

ALWAYS CARRY YOUR OWN INSURANCE!!!!....i dont think theres to much you can do-verbal agreement doesnt really hold up-if your a renter the owner is not liable for your personal belongings...i know that from this property i work n live on.ins only covers their property.good luck

J.W.

answers from St. Louis on

Well here is the issue, you should have had renter's insurance. That she gave you that story you should have found a different property to rent.

Do you know who insures them? If they did not tell them they were renting the home they may have had full insurance on the home and claimed your property as their own. That to me seems like the best place to start.

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Y.C.

answers from Washington DC on

You need to go to the library and do some research on your rights as a tenant in Minnesota - every state is different, but it sounds like your landlord should have some responsibility for this situation, morally. Legally though, you're probably screwed - unless you can find some way to threaten to go to her lender with the information that she was renting the place when she shouldn't have.

Read any rental agreement carefully - though it sounds like you don't have one...and read the 'Landlord Tenant' sections of the MN code to see if there is any recourse at all.

Chances are, you will not get anything out of this situation, and should probably move on, older and wiser after the mistakes you have made. Never do a verbal agreement again! And never go with a landlord who would even consider a verbal agreement! And never take your landlord's advice on whether you need renter's insurance. Good luck.

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K.S.

answers from Minneapolis on

Am I correct to assume that she claimed your belongings as a loss to her but has not reimbursed you? Do everything from here on out in writing! Never have verbal agreements, they do not hold up well in court. Send her a letter that outlines the amount of money you are out (list the items damaged and the replacement cost). Give her a deadline to pay you from the insurance claim check she has (or will) receive. Let her know that you will file a fraud claim with her insurance company if she does not pay you.

Once this part is sorted out, get a lease (rental agreement) in writing. Also take out renters insurance and don't tell her (she has no right to know). If she chooses not to let her mortgage holder know she is renting the place, you can choose to stay out of it, but if she refuses to give you a written rental agreement then find out who her bank is and report her. You have to protect yourself from someone who clearly has terrible ethics. Don't let yourself become a victim to her games again.

I am guessing you are paying below market rental prices, but if not, figure out what your rental tax credit would be and put in writing that that amount is discounted off one months rent each year.

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D.R.

answers from Sheboygan on

This lady is breaking the law and taking advantage of you...call the police!

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H.M.

answers from Omaha on

I have no advice really but.... Call her insurance company. They will NOT be happy with all the negligence and deceit!

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S.B.

answers from Houston on

This might be one of those "expensive" mistakes. If you didn't have renters insurance (which everyone who rents should have) then I'm not sure what your options are. The owner of the house could also sue you for damages to the house. She could claim that your neglegance caused the damages to the house. Actually, if the insurance company finds out she was renting the property, the insruance company could come back at you to reimburse them for damages saying y'all caused the damage. Now, I don't know that to be true but it could happen. Best bet, contact an attorney and see what your options are and how to protect yourself.

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