Filed under Apartment Basics on August 18th, 2008:
Your Landlord’s Not Responsible If…
Living in an apartment is a fantastic way to enjoy all the freedom of having your own place without a lot of the responsibility. Your landlord will be responsible for most major repairs, which is always a good thing. There are times, however, where you’ll find the management at Tampa Bay apartments might not be so willing to pay. The fact is that sometimes it will still be up to you to foot the bill for repairs or replacements.
To understand your rights better under landlord tenant law and state law and to even make it clear why rental insurance is a very good idea, it can help to examine some common situations carefully and see who is most likely to be libel for the payment:
…A fire breaks out in a neighboring apartment and spreads to your home. Your apartment is slightly damaged and some of your personal belongings are a loss. Who pays? Again, this is a split situation. Your landlord’s insurance policy will pay for the damages to your apartment. Your rental insurance should cover your personal property since this type of water damage is generally included in policies.
…Your key breaks off in your lock and the entire assembly needs to be replaced – This is a rather tricky situation. Landlord tenant law generally states that landlords are responsible for normal wear and tear. If your key broke because the landlord gave you a damaged one or it simply wore out over time, he might be responsible. If your key broke because you jammed it into the lock and yanked really hard, you’re probably going to have to pay for the new key, the lock and maybe even a locksmith.
…Your car is parked for the night in a secured parking lot on your apartment complex’s property. Unfortunately, the “security” provided wasn’t so secure and your car is broken into. Who has to pay? Chances are your automobile insurance will have to cover the costs involved. While some properties offer security, most clearly refuse liability in the initial lease agreements.
…A water pipe breaks in your apartment and damages a lot of your personal items. Who pays? Your landlord will be responsible for fixing the pipe and repairing the damage to the rental unit. You, however, will have to pay to replace your stuff. This is generally what rental insurance is for. If, however, your landlord failed to perform necessary maintenance that contributed to the burst pipe, you might have a case for getting reimbursement.
Determining who pays and who doesn’t in rental situations can be rather difficult. If there are questions or concerns, check state statutes closely or consult a lawyer or your own rental insurance agent.