If my apartment flooded3 times and Irented a truck/ movers, canI sue for the moneyI am out?
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If my apartment flooded3 times and Irented a truck/ movers, canI sue for the moneyI am out?
Furniture destroyed.
Asked on September 27, 2011 under Real Estate Law, Texas
Answers:
FreeAdvice Contributing Attorney / FreeAdvice Contributing Attorney
Answered 13 years ago | Contributor
If you have suffered damages as the result of flooding as to your rental, you can file a lawsuit. The question is, who are the alleged responsible parties that caused your damages, how did they cause your damages and what specifically are your damages?
As a plaintiff, you would bear the burden of having to prove liability and damages as to the named defendants in the lawsuit. Assuming you can establish liability, your damages could consist of all costs incurred as the result of the flooding. This would include cleaning costs, rentals, and cleaning/loss of fair market value of the damaged items assuming there are any.
If the landord is a possible defendant, you need to carefully read your rental agreement in that its terms and conditions control the obligations owed to each of you in the absence of conflicting state law.
Good luck.
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