Who’s responsible for apartment repair regarding wood warpingif the tenant did nothing to cause the warping?

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Who’s responsible for apartment repair regarding wood warpingif the tenant did nothing to cause the warping?

I moved into an apartment and within 1 week, the wood kitchen floor warped. I’ve done nothing to cause this but the apartment complex wants to put a claim in through my renter’s insurance or charge me if my insurance doesn’t cover. I’ve researched the causes of warping which indicates it may have do with moisture, aptartment temperature, improper installation, leaks (here’s no visual evidence of leaking). I’ve tried talking to them every day for the last week, but they are adamant that I caused this and should be responsible for it. What can I do?

Asked on January 31, 2012 under Real Estate Law, New Jersey

Answers:

FreeAdvice Contributing Attorney / FreeAdvice Contributing Attorney

Answered 9 years ago | Contributor

The apartment complex has the burden of proving that you caused the warpage of the wood floor that you are writing about. If you are adamant that you did not cause the warpage, then you should stand your ground and refuse to submit the claim to your insurance carrier.

If the property complex brings an action against you for the repair of the warped kitchen floor, you should immediately place your renter's insurance on notice about the situation in writing and ask for a defense in the lawsuit. In the meantime, you might want to write your renter's insurance company and put them on notice about the situation you are writing about.


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