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Asked about 1 year ago - Portland, OR
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The apartment I live in did not keep up with the down spout outside our bedroom window, thus causing water damage under the floor in our bedroom. Our very expensive mattress was ruined and completely covered in mold as well as us having to live in our living room for two weeks. I want to know if I should be reimbursed for the new mattress I had to buy, the old mattress I had to throw away, and rent for the two weeks we have not been able to stay in our bedroom. My renters insurance does not cover this unfortunately. Does that leave the responsibility to my landlord?
thank you.
Yes, if you've experienced water intrusion and you've suffered damages to your personal property, you likely do have a viable claim against your landlord. (Water leaks are frequent causes of habitability violations.) You should consult with an attorney in your area who may be able to assist you.
Calculating the amount of damages to claim isn't always an exact science, of course, and there are many other considerations to take into account. An attorney will be able to go over these issues with you and determine what the best course of action in proceeding may be.
I agree with the first response as a landlord is responsible for providing "effective waterproofing and weather protection of roof and exterior walls, including windows and doors." As to your damages, it would be helpful to know exactly what your landlord was aware of concerning the condition of the rental before this happened.
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