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  1. #1
    Join Date
    Aug 2008
    Posts
    2

    Default Bed Damaged by Leaking Roof

    My question involves landlord-tenant law in the State of: Colorado

    I rent an apartment in a building on the top floor.

    I have lived there for 2 years without a problem. It started raining a few days ago and several leaks appeared in the roof above my bedroom and bathroom.

    The night it rained I was working until 10, it started raining around 7. By the time I got home my bed was soaked through to the bottom.

    The water is rain water that travels through the roof and comes out a a brown color. The bed is not usable anymore.

    I have renters insurance, but the deductible is 500. The bed is 5 years old and cost 700 new.

    Is my landlord responsible for replacing my bed? If they are, are they responsible for replacing a 700 dollar bed, or are they responsible for the current value of a 5 year old bed?

    ----------
    I cant get a hold of them on the phone. They will not return messages. It is continuing to rain. The floors are getting soaked despite my best efforts to catch the water. I have to stay up all night to constantly change the collection buckets. Have had 4 hours of sleep in the last 4 days. At what point am I able to say, this is no longer my responsiblity I have done all I can and let the water ruin the apartment?

    Are they required to fix the roof? Are they required to clean the carpet? Are they required to replace the carpet? What about dry wall and other damaged caused by the water?

    I am in a financial bind and it would be difficult to move right now, but I don't want to live in a moldy smelly apartment.

  2. #2
    Join Date
    Jan 2008
    Location
    Toledo, OH
    Posts
    16,307

    Default Re: Bed Damaged by Leaking Roof

    Ye gods. I'm so sorry you're dealing with this and that your landlord is not being responsive. I had a similar issue with flooding some years back, and it was a nightmare.

    WRT to your bed, it is expected that your renter's insurance is used for any damage to your personal belongings. This is not limited to just your bed - any other of your personal belongings damaged by this issue can be included in the claim. However, if you do not have a full replacement value clause in your policy, you may have a problem with that.

    Try asking your landlord to reimburse you for your damaged bed, citing the inability to get hold of him.

    Are they required to fix the roof? Are they required to clean the carpet? Are they required to replace the carpet? What about dry wall and other damaged caused by the water?
    Yes to all of these. Your landlord might be like mine was and try to tell you that you are responsible for it, but you are not. He is, and if he drags his feet, a quick call to your local Health Department about habitability problems will light a fire under him.

  3. #3
    Join Date
    Jul 2006
    Location
    Ohio
    Posts
    1,126

    Default Re: Bed Damaged by Leaking Roof

    File the claim through your renter's insurance. The insurance company will subrogate to the LL. When they receive reimbursement, you will get the first $500.

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