Should we be reimbursed for our property damage if the landlord decided to have the roof re-done during a rainy week?

UPDATED: Nov 26, 2011

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Should we be reimbursed for our property damage if the landlord decided to have the roof re-done during a rainy week?

Came home to no roof 4 days ago (no notice it was being re-done), and still no roof. It’s been raining for 2 weeks on and off, and 1 whole room of furniture was destroyed. Even if we don’t have rental insurance, I know the law states we’re required to have roofing on our rental (which we still do not). Should we call the county? The ceiling is now warping and falling from the water in the walls.

Asked on November 26, 2011 under Real Estate Law, Florida


FreeAdvice Contributing Attorney / FreeAdvice Contributing Attorney

Answered 11 years ago | Contributor

If the landlord had a roofer begin the installation of a new roof on your rental without advisng you before hand where water intrusion has resulted damaging the property that you have inside the unit, either the landlord and/or the roofer is responsible the the damages that you have incurred.

Your damages would be the fair market value of the items that were damaged taking into account depreciated value. I would take photographs of the damaged items as well as video tape the inside of your rental including the warped ceiling.

I would also call and write your landlord as soon as possible about the situation keeping a copy of the letter for future reference. From what you have written, the roofer should be liable for not placing a tarp on the exposed roof to prevent water intrusion.

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