Came to my cabin to find the wood floor buckled up from tub/ toilet overflowing from above. Rental co. charges a non refundable damage insurance deposit to all guest. Called about the damage and the insurance and was told that it would not be covered and was told the fee is just a way to generate more profit. Considering taking them to small claims court for replacement of floor. They knew about the damage because they pulled a large mat from foyer to cover it.HELP
I would recommend sitting down with an attorney for a consultation on this one. I honestly cannot tell from your question if you are a Tenant asking to enforce an insurance policy provided to the leasing property management company or you are the owner of the cabin who is having issue with a property management company you contract with who manages one of your cabins and has revealed to you they are pocketing insurance fees rather than properly apply it.
Either way, this issue isn't "can I sue...", anyone "can sue" someone. The issue is "who" are the proper parties to sue, "what" damages you may or may not be entitled to, on "what" legal basis to sue, and "should" you sue after evaluating the merits of your case. An attorney could speculate and tell you how Contract law may or may not apply, how the Tennessee Uniform Residential Landlord and Tenant Act may or may not apply, how the Tennessee Consumer Protection may or may not apply (especially in light of the 2011 changes), and other laws... but your question and its situation leaves a lot of necessary details unanswered that would allow an attorney to formulate a specific response.
It would be my recommendation to arrange a brief consultation with an attorney and bring any 1) master agreement between you and the property management company (if you are the owner of the property); 2) the individual lease signed to occupy the premises at the time of the damages; 3) any relevant written (text, letter, or email) communication between you, a tenant/landlord, or the property management company; 4) and anything else you think would be relevant. The more prepared you are for meeting with the attorney the better the attorney can inform you of your options to proceed.
Any information provided is intended for general informational purposes only. This is NOT legal advice, and no attorney/client relationship has been created. The circumstances of every case are different and need to be dealt with on a case-by-case basis. This is not a substitute for the advice of a lawyer. Also, the law may change and may be different from jurisdiction to jurisdiction.
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