Real Estate Corporate

UPDATED: Oct 1, 2022

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Real Estate Corporate

We have a corporate apartment in a community and have been unable to rent to our clients due to a ruptured pipe in the the building. As a result, we lost a client who wanted to rent for 4 months. The community does not know what we

lost because they are unaware of what we charge our clients. However, there were several repairs that needed to be made before we can rent out the apartment. In addition, industrial fans were plugged inside of our corporate apartment for several days on our electricity billing. We requested to be included in the insurance claim for compensation due to not being able to rent out our apartment and the usage of electricity. We were only offered a few dollars for compensation and this is an insult. Please advise on our options.

Asked on October 8, 2018 under Real Estate Law, Texas


SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 4 years ago | Contributor

IF you can prove that the community was at fault, in not responding to a reported problem with that pipe before it escalated, or in having their maintenance staff or contractor accidentally rupture the pipe, you can sue them for any losses you can prove in court you suffered because of their fault. But you must be able to prove their fault; the community is not your insurer and is not liable or responsible for your losses unless they caused it through negligent (careless) or otherwise wrongful action(s). And if they are not responsible or liable, their insurer is not, either: their insurer pays third parties (e.g. you) when the insured (the community) would be liable to pay. 
If you can't show fault, you are limited to what you can get from any relevant (e.g. business interruption) insurance you have.

IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.

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