Do I have a case against my landlord for loss of my vehicle due to having my parking spot in a known flood zone?

UPDATED: Sep 2, 2011

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Do I have a case against my landlord for loss of my vehicle due to having my parking spot in a known flood zone?

My vehicle was flooded while parked at my apartment complex. I was on a business trip and did not receive notice via email or phone warning me that my car was in a flood zone. Upon returning home, I found my car totalled in my assigned parking spot and only a letter left under the door 2 days prior to the flood to move the car. Since I was away at the time, there was no way I could have seen the paper they left under the door. Also, I signed a parking license agreement with my landlord for my assigned parking which contained my personal contact information and also a garage owner negligence clause.

Asked on September 2, 2011 under Real Estate Law, New Jersey


FreeAdvice Contributing Attorney / FreeAdvice Contributing Attorney

Answered 11 years ago | Contributor

Most likely you have no justifiable claim against your landlord if your vehicle was totalled due to a flood because you had it parked in a flood zone unless your landlord knew that the rental you had with him and where you parked your vehicle was in a flood zone and did not advise you before hand.

When a landlord rents out real property to a tenant, he or she has an obligation to advise the tenant of all matters that could affect the desirability of the tenant in renting the unit as well as the monthly price paid. If your landlord knew that his rented unit was in a flood zone and did not tell you, then he may have liability for your damaged vehicle.

If you have insurance coverage for your vehicle that was damaged, you should contact your insurance carrier about it and make a claim. Good luck.


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