My rented basement apartment flooded and I can't live there anymore. What next?
August 8, 2012 9:56 AM Subscribe
I rent a basement apartment in Washington, DC in a neighborhood that recently experienced serious, repeated dirty water flooding due to issues with the water system (specifically, Bloomingdale).
I evacuated amidst the first of three floods and I haven't lived there since. I don't believe I can move back in, so I'd like some help understanding what I am supposed to do next.
Thankfully, I have renter's insurance and will be able to recover from the minor belongings that were ruined. I am looking for a place to live but am settled somewhere until Sept 1 for now. I also have an emergency backup plan if I don't find something in time.
90% of my belongings have been in storage on my insurance's dime since 7/10 and I moved out the remaining goods on 8/5 when I told my landlord that the damage was too extensive - and the risk of re-flooding too high - for me to consider moving back in.
He accepted this pretty readily, but we have yet to discuss the financial aspects.
1) I paid for the entire month of July but only lived there for 10 days. Am I due a refund?
2) Does my landlord have cause to sue me for August rent? I didn't give him 30 days' notice because I had planned on moving back in until I realized how extensive the damage was. He hasn't brought it up, and I don't plan to. Right now, I don't believe the apartment is suitable for anyone to live in. He has had it professionally cleaned several times, but there is water damage and mildew on the walls and a persistent damp smell.
Note: I know neither I nor my landlord can legally use my security deposit (which is equal to 1 month's rent) as my final month's rent.
I have contacted the DC Office of the Tenant Advocate (OTA) and was told that I was not due a refund for July and would have to pay August rent because this issue was not my landlord's fault and he can't prevent it - this was my gut feeling but not what non-DC lawyers in my personal life were telling me.
I contacted the DC Tenant's Advocacy Coalition (TENAC) and was told that I probably was due a refund for July and was not responsible for August. They then told me to call OTA because they could not take on my case.
What would you do next?
Thankfully, I have renter's insurance and will be able to recover from the minor belongings that were ruined. I am looking for a place to live but am settled somewhere until Sept 1 for now. I also have an emergency backup plan if I don't find something in time.
90% of my belongings have been in storage on my insurance's dime since 7/10 and I moved out the remaining goods on 8/5 when I told my landlord that the damage was too extensive - and the risk of re-flooding too high - for me to consider moving back in.
He accepted this pretty readily, but we have yet to discuss the financial aspects.
1) I paid for the entire month of July but only lived there for 10 days. Am I due a refund?
2) Does my landlord have cause to sue me for August rent? I didn't give him 30 days' notice because I had planned on moving back in until I realized how extensive the damage was. He hasn't brought it up, and I don't plan to. Right now, I don't believe the apartment is suitable for anyone to live in. He has had it professionally cleaned several times, but there is water damage and mildew on the walls and a persistent damp smell.
Note: I know neither I nor my landlord can legally use my security deposit (which is equal to 1 month's rent) as my final month's rent.
I have contacted the DC Office of the Tenant Advocate (OTA) and was told that I was not due a refund for July and would have to pay August rent because this issue was not my landlord's fault and he can't prevent it - this was my gut feeling but not what non-DC lawyers in my personal life were telling me.
I contacted the DC Tenant's Advocacy Coalition (TENAC) and was told that I probably was due a refund for July and was not responsible for August. They then told me to call OTA because they could not take on my case.
What would you do next?
I think this really depends if the temporary housing is provided by your landlord or not. I don't owe any rent if he is not proving you with the housing.
posted by zeikka at 10:27 AM on August 8, 2012
posted by zeikka at 10:27 AM on August 8, 2012
Be sure to contact your landlord and use certified mail to insure that he gets it.
Dear Landlord,
Well that was a thing, wasn't it? I am writing to notify you officially that as of the flood of July 10 that the apartment is uninhabitable and that I have found other lodging. Since I am unable to avail myself of the premisis due to the damage, please refund the remainder of July's rent and my security deposit to me at this address:
Sincerely,
Anon
You never know, you just might get it. You should for sure get the security deposit.
Your landlord should have insurance for just such a contingency. You can always take him/her to small claims if they don't send the dough.
posted by Ruthless Bunny at 11:27 AM on August 8, 2012
Dear Landlord,
Well that was a thing, wasn't it? I am writing to notify you officially that as of the flood of July 10 that the apartment is uninhabitable and that I have found other lodging. Since I am unable to avail myself of the premisis due to the damage, please refund the remainder of July's rent and my security deposit to me at this address:
Sincerely,
Anon
You never know, you just might get it. You should for sure get the security deposit.
Your landlord should have insurance for just such a contingency. You can always take him/her to small claims if they don't send the dough.
posted by Ruthless Bunny at 11:27 AM on August 8, 2012
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posted by evoque at 10:18 AM on August 8, 2012