Townhouse flooded- Do you think we can legally get out of the lease?

posted 1 week ago in Legal
Post # 2
Member
1208 posts
Bumble bee

You’ll need to contact  the tenancy office in your region, and they can fill u in on the regulations and processes. 

Post # 3
Member
1208 posts
Bumble bee

Do you have renters Inurance? Was it a requirement  in your lease? Insurance will normally pay for relocation while restoration is done… you need to have some conversations… 

Post # 4
Member
86 posts
Worker bee
  • Wedding: November 2018 - San Diego, CA

We had this issue with earlier this year. Water came up through our floor boards. We weren’t flooding but there was definite damage that needed to be repaired and an entire wall had to be ripped open. With renter’s insurance they covered up to $5,000 in expenses for us having to get a hotel while the repairs were being made. I don’t think you’ll be able to get out of your lease unless it makes it uninhabitable for a certain period of time. I would obviously contact your landlord as soon as you can tomorrow and then contact your insurance and try to come up with a plan for other living arrangements. if you had any damaged furniture make sure to keep all of the pictures for insurance purposes as well. this was just my experience in California so I don’t know what it’s like where you live. Hope it all gets worked out!! Sorry you had to come home to that.

Post # 6
Member
6094 posts
Bee Keeper

So if you don’t have renters insurance, you should double check your renters agreement. You could actually be found in fault/breach of contract if you had left and the pipeburst. You need to have someone check in on the property within a certain # of days, so if your pet sitter missed that time frame you could be in real trouble. 

Post # 7
Member
1208 posts
Bumble bee

  The insurance is to cover your expenses for temp relocation. 

It’s unlikely you can break your lease, the landlord will be required to do restoration  and remediation while you reside elsewhere. If t’s fixed and cleared, there is no reason to break your lease. 

 

Dependent on your lease terms and tenancy regs, they may or may not have to pay a portion of your expenses or hold rent… or you may be responsible.for having insurance. But you need to review your documents and take them to the tenancy branch. 

Post # 9
Member
3117 posts
Sugar bee

Ouch. As Jelly said, you may be on the hook for some of the damage because it was allowed to fester for days. I would call an attorney tomorrow to figure out the laws where you live.

 

Post # 11
Member
863 posts
Busy bee
  • Wedding: October 2015

Most likely you cant get out of the lease, the damage doesn’t look that extensive. Mold shouldn’t be a problem either, hopefully you called and left an emergency message. Usually there is an on call maintenance person to help during these types of situations. I had this happen to an apartment I was and they came out with big fans and cleaned everything up

Post # 13
Member
3117 posts
Sugar bee

It won’t be a complete gut job. Carpet and drywall can be replaced in days. It doesn’t even require a permit.

Post # 15
Member
633 posts
Busy bee

You need to contact the Residential Tenancy Board for your jurisdiction to find out what the rules are. 

In a lot of places, the owner of the home is obligated to provide (pay for) accommodation elsewhere while the townhouse is being repaired, and you continue to pay your regular rent amount while you wait to get back in. They may or may not have their own insurance to cover any amount over and above your rent amount, but that’s not your problem. 

Is there some other reason you want to break the lease? 

cq123 :  

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