I have had multiple roof leaks at my apartment. Who pays for my damaged property? I NEED HELP!

My roof has been leaking at my apartments constantly. The complex has sent roofers twice to no avail. On Saturday, March 9th we had a bad storm and the roof leak caused severe water damage to my property. My leasing office has said that my renter's insurance will cover my personal property damage. I filed a claim with State Farm that was denied due to the cause of my loss. It was the roof that caused the loss of my items therefore the roof would be covered through the apartment complex who would then be liable for my property. My complex has stated that they do not cover my personal property even though they unsuccessfully "repaired" the roof three times.I need help. I don't know what to do at this point and have no bedroom furniture to sleep on. What are my options?

Carrollton, TX -

Attorney Answers (1)

John Gus Zgourides

John Gus Zgourides

Real Estate Attorney - The Woodlands, TX
Answered

Hire a consumer law or personal injury attorney. See tbls.org.

You may have a first party claim against State Farm. You need a lawyer to review the lease, the renter's policy, the work orders, and the correspondence between all involved. A first party insurance claim is technical and Small Claims Court typically does not allow discovery. The dollar amount of damage to your property will likely guide attorneys in deciding whether to take on your case on a contingency fee.

You may be entitled to vacate if you comply with the lease and the law. Read your lease. Then read the Texas statute carefully: http://www.statutes.legis.state.tx.us/Docs/PR/h. You may sue your landlord in small claim court, but your damages will be capped at $10,000.

John Zgourides
www.zgourides.com
Board Certified in Personal Injury Trial Law, Texas Board of Legal Specialization
AV Peer Review Rated, 5.0 out of 5.0, Martindale Hubbell (www.lawyers.com)

My responses to questions on Avvo are never intended as legal advice and must not be relied upon as legal advice.... more
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