Should I Sue? [couch damaged in garage of rental]

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karpems
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Should I Sue? [couch damaged in garage of rental]

Post by karpems »

Hey Everyone,

My wife and I are building a new home but we sold our existing home and needed to move into an apartment for a few months while our home is completed. As you can expect, our apartment is much smaller than our home and we needed to store our large sectional couch in the garage(value approx $7,500.00). What we have come to find out is that every time it rains we get a significant amount of water in our garage.

Our sectional couch is significantly water stained now. We needed to move it out and rent a storage unit for the time being.

After a long fight with the management company, they are offering $1200.00 compensation if we sign paperwork stating we will not pursue further damages.

Is it worth the time and effort to sue them or should we just settle. I have already contacted our renters insurance and they said it is not covered as damages as this is a "flood".

Not sure what to do.

Thanks!
TheOscarGuy
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Re: Should I Sue?

Post by TheOscarGuy »

karpems wrote:Hey Everyone,

My wife and I are building a new home but we sold our existing home and needed to move into an apartment for a few months while our home is completed. As you can expect, our apartment is much smaller than our home and we needed to store our large sectional couch in the garage(value approx $7,500.00). What we have come to find out is that every time it rains we get a significant amount of water in our garage.

Our sectional couch is significantly water stained now. We needed to move it out and rent a storage unit for the time being.

After a long fight with the management company, they are offering $1200.00 compensation if we sign paperwork stating we will not pursue further damages.

Is it worth the time and effort to sue them or should we just settle. I have already contacted our renters insurance and they said it is not covered as damages as this is a "flood".

Not sure what to do.

Thanks!
I would have imagined this came under renters insurance. Did the policy not cover garage? Did the policy specifically exclude flooding? Seems like you should take the money if that is the case. I don't see any other alternative. I would personally not sue.

That is a costly sectional BTW! Is that its original price or current value.
Professor Emeritus
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Re: Should I Sue?

Post by Professor Emeritus »

Call a lawyer.

That is what they do for a living

as just one example, how does the water get to the sofa ? through he roof is not a flood etcetc etc
J295
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Re: Should I Sue?

Post by J295 »

Tough break.
If you were to prevail I suspect your recovery would be capped at the current fair market value of a used sectional.
It seems cost prohibitive and challenging to engage legal counsel (most busy capable lawyers will pass on something like this).
Any litigation has an emotional non-financial cost (not fun).
You might consider mediation (perhaps the local BBB offers a service).
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karpems
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Re: Should I Sue?

Post by karpems »

Professor Emeritus wrote:as just one example, how does the water get to the sofa ? through he roof is not a flood etcetc etc
Seems like a building flaw. The area right in front of the garage is graded the wrong way and directs water right under the garage door.
PS241
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Re: Should I Sue?

Post by PS241 »

I would not sue just for moral reasons and its really not that much money for the hassle and use of emotional energy.. I mean you're basically suing them because it rained. Did you ever check the garage to see if it was a suitable place to store a couch?
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fizxman
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Re: Should I Sue?

Post by fizxman »

karpems wrote:
Professor Emeritus wrote:as just one example, how does the water get to the sofa ? through he roof is not a flood etcetc etc
Seems like a building flaw. The area right in front of the garage is graded the wrong way and directs water right under the garage door.
I would take the money and not sue, only if they fix the grading in front of the garage as well.
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Bustoff
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Re: Should I Sue?

Post by Bustoff »

1) I would not hire an attorney, you can do this on your own. see (3) below.

2) Call your state's Department of Insurance and confirm what you are being told by your insurance provider. Hard to believe that rain leaking from the garage roof would come under the heading of a natural disaster (flood).


3) I would definitively consider filing a small claims court action against the management company. Check the claim limit for your jurisdiction. It usually between $5,000 to $10,000.
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Grandpaboys
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Re: Should I Sue?

Post by Grandpaboys »

I agree with small claims court.
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Professor Emeritus
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Re: Should I Sue?

Post by Professor Emeritus »

PS241 wrote:I would not sue just for moral reasons and its really not that much money for the hassle and use of emotional energy.. I mean you're basically suing them because it rained. Did you ever check the garage to see if it was a suitable place to store a couch?
Grading away from structures is normally a building code requirement.
e.g.
16.40.080 Grading away from structures.

Positive drainage shall be required around buildings and structures by grading away from the exterior foundation wall at a minimum two percent slope, but in no case shall grading be less restrictive than the recommendations of the geotechnical report submitted for the subdivision. Grading away from the exterior foundation wall at a minimum two percent slope may be permitted on rapidly permeable soils. Sites shall also be graded so as to avoid surface ponding near buildings or structures, or in actively used outdoor spaces.
staythecourse
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Re: Should I Sue?

Post by staythecourse »

Professor Emeritus wrote:Call a lawyer.

That is what they do for a living

as just one example, how does the water get to the sofa ? through he roof is not a flood etcetc etc
If you do this I would call SEVERAL lawyers to get a collective opinion. No doubt you will find one that will say you have a case. Unless they are on contingency (which they will not do for this low of amount of money) they make money if you win or lose so they don't care how if you win or lose. Going to a lawyer is like having a physical blemish and going to a plastic surgeon. If you go to enough of them someone will agree you need to have it corrected.

I would think the mental headache, the money you will be fighting for (doesn't matter how much you bought the couch for, but what it is worth now), costs of lawyering, etc... does not seem worth it for just a few thousand extra.

Good luck.
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retiredjg
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Re: Should I Sue?

Post by retiredjg »

I don't think I'd sue, but if you do it should almost certainly be in small claims court. And I'd be surprised if you get a lot more than $1,200 anyway.

You mentioned water stains, not structural damage. $1,200 should go a long way toward reupholstering, shouldn't it?

But it does seem like you should do what you can to pressure them to fix the grading problem so the next tenant doesn't have a similar problem.
dolphinsaremammals
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Re: Should I Sue?

Post by dolphinsaremammals »

I would not have stored any piece of upholstered furniture in a garage and maybe not any piece of non-upholstered furniture.

The sofa may have been worth $7.5k new, but what would it cost to reupholster it? Perhaps the $1.2K will cover that.

I would get a good reupholsterer out there and get an estimate. A reupholsterer did a really beautiful job on my sofa for about that amount. He took it down to the wood. My sofa may not be as large as yours, but it is pretty big.

If you get an estimate for more than $1.2K to fix it, it would be worth going back to the management company. If that doesn't work, well, it depends on how much money you're out, if you expect to win in small claims court, and how much the stress of legal action would bother you.

Also consider that you may need your lease renewed. Houses are not usually completed on time.
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Bustoff
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Re: Should I Sue?

Post by Bustoff »

karpems wrote:We needed to move it out and rent a storage unit for the time being.
Be careful with winter approaching. Mice have a way of finding there way into things like that. :shock:
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Re: Should I Sue?

Post by sschullo »

Take the $1200 and move on. Even going to small claims court takes time. We tried that twice on two different problems. The first one was trying to find the legal name of the defendant put us over the top. In the other, the judge through our case out because of a technically, which is common for non attorneys. In your case, the judge will probably rule in favor of the defendant, since they already offered $1200.
Be lucky you have the $1200.
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IPer
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Re: Should I Sue?

Post by IPer »

We know what $1200 is worth, right now, however, we do not know the risk adjusted calculated value minus the time and hardship it will cost you
to go through a court process, however, if you like that sort of thing...
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barnaclebob
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Re: Should I Sue?

Post by barnaclebob »

Have you offered them to settle for 2k?
IPer
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Re: Should I Sue?

Post by IPer »

barnaclebob wrote:Have you offered them to settle for 2k?
drum roll!
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kenner
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Re: Should I Sue?

Post by kenner »

In what state did this occur? This is important because state law, along with what you can actually prove, will determine whether you can prevail in court. Did mangement break a contract agreement with you or is your claim based solely on claims of negligence? Any other theories of liability?

A violation of a building code can be evidence/proof of liability.

How does your insurance policy define "damages from flood"? Does state law uphold/allow that definition?

Does the management company confirm they knew the garage had been flooding/leaking for a considerbable period of time before you rented? Do they admit they should have warned you in advance? At what point did they know you were storing expensive furniture in the garage - before you rented, after the damage, etc.?

Will prior tenants confirm that a leak was a longstanding problem or will they deny there was ever a problem when they lived there?

Was $7,500 the value when you purchased - or the fair market value immediately before the damage? At most, mgt. co. will probably be liable only for FMV immediately before the damage; how will you prove FMV if the case goes to court?

Where is the damage to your furniture - bottom, top, etc.? Do you have good photos to show in court?

Whether to settle or sue is a combined legal evaluation and economic evaluation. Legal advice from a local attorney would be advisable to help you decide the best course of action.

Good luck.
Last edited by kenner on Fri Oct 24, 2014 9:21 am, edited 2 times in total.
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TheTimeLord
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Re: Should I Sue?

Post by TheTimeLord »

Professor Emeritus wrote:
PS241 wrote:I would not sue just for moral reasons and its really not that much money for the hassle and use of emotional energy.. I mean you're basically suing them because it rained. Did you ever check the garage to see if it was a suitable place to store a couch?
Grading away from structures is normally a building code requirement.
e.g.
16.40.080 Grading away from structures.

Positive drainage shall be required around buildings and structures by grading away from the exterior foundation wall at a minimum two percent slope, but in no case shall grading be less restrictive than the recommendations of the geotechnical report submitted for the subdivision. Grading away from the exterior foundation wall at a minimum two percent slope may be permitted on rapidly permeable soils. Sites shall also be graded so as to avoid surface ponding near buildings or structures, or in actively used outdoor spaces.
You are correct and if I own the building I might sue the builder for improper grading but as a renter would there be an implicit guarantee of the grading? Wind can also push water. I would have called my insurance company but it would have never dawned on me to call a lawyer in this instance. I am with PS241. I am wondering if the insurance company said sorry you aren't covered for floods.
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kenner
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Re: Should I Sue?

Post by kenner »

I wonder if Mgt Co also blames builder/contractor or any other party for this problem. Adding them to the mix, if there's a tenable claim, could increase the settlement value of the case.
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nisiprius
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Re: Should I Sue?

Post by nisiprius »

This is just what I would do. But I'm a patsy.

I don't regard garages, any garages, as "museum-quality storage." Garages shouldn't leak, but stuff happens. Does it leak enough to ruin a car, or a lawnmower, or bags of garden mulch, or things I usually put in garages? Is it leaking enough to make you fear it's about to collapse? Was the sofa essentially brand new and perfect, or would a replacement be a welcome refresh? If the sofa is more than a few months old, can you show a judge that it was in near-perfect condition?

Now, if I had actually asked the landlord, "I don't want to pay a storage company, where should I put the sofa" and they had said "put it in the garage, it will be fine," that would be different. I suspect you didn't, because if you had I'll bet the landlord would have said "I don't know, I don't know any problems with the garage but I'm not going to promise anything. If you find any problems with the garage let us know."

In your situation I would do one of two things. EIther pat myself on the back for getting the $1,200 and move on, or find out how small claims court works. I agree though that if you feel strongly about it there's no harm in getting the "free initial consultation" most lawyers give.
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dbr
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Re: Should I Sue?

Post by dbr »

If you are saying the damage was from water pooling on the floor because the drainage was wrong and you lost a $7500 couch as a consequence, then I would say the negligence was yours. No basement or garage should be assumed to be immune to water on the floor during rainstorms and a reasonable person would have taken measures to elevate the item to prevent damage. I think getting some money is as good as you are going to do. The insurance interpretation of "flood" can involve some discussion, but is a clue that this kind of damage should have been anticipated and prevented by the owner of the goods. One would think that if this was a leaking roof in a garage or water in an actual living area that the situation might be different, but then in those cases renters insurance would have covered unless it was an overall flood disaster.
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Meg77
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Re: Should I Sue?

Post by Meg77 »

I wouldn't even consider suing. If you do anything you could appeal with your renters insurance. Or get an estimate for the recovering and take it back to the management company. But if they don't budge, I'd just consider it one of those accidents that we have to deal with in life. Life isn't always fair, but you don't have to sue over every grievance! This kind of accident/event is exactly what renters insurance is for; if you feel wronged by anybody it should be them. It's a tough lesson learned, but $1200 will go a long way toward recovering or replacing your couch. Besides, not only is your couch probably worth much less than whatever you originally paid, you also likely would have found you don't love the old couch in your new space anyway.
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leonard
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Re: Should I Sue? [couch damaged in garage of rental]

Post by leonard »

karpems wrote:Hey Everyone,

My wife and I are building a new home but we sold our existing home and needed to move into an apartment for a few months while our home is completed. As you can expect, our apartment is much smaller than our home and we needed to store our large sectional couch in the garage(value approx $7,500.00). What we have come to find out is that every time it rains we get a significant amount of water in our garage.

Our sectional couch is significantly water stained now. We needed to move it out and rent a storage unit for the time being.

After a long fight with the management company, they are offering $1200.00 compensation if we sign paperwork stating we will not pursue further damages.

Is it worth the time and effort to sue them or should we just settle. I have already contacted our renters insurance and they said it is not covered as damages as this is a "flood".

Not sure what to do.

Thanks!
Is that $7,500 a real number? If that couch was in the condition before it's water staining, could you have really gone on craigslist (or your favorite used market place) and listed this for $7,500 and had someone actually pay that?

I think we need to know what the real value is first - before we can assess whether $1,200 is a fair offer or not.
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tainted-meat
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Re: Should I Sue? [couch damaged in garage of rental]

Post by tainted-meat »

I'm surprised the management company is offering anything since it was stored in the garage.
swaption
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Re: Should I Sue? [couch damaged in garage of rental]

Post by swaption »

nisiprius wrote:This is just what I would do. But I'm a patsy.

I don't regard garages, any garages, as "museum-quality storage." Garages shouldn't leak, but stuff happens. Does it leak enough to ruin a car, or a lawnmower, or bags of garden mulch, or things I usually put in garages? Is it leaking enough to make you fear it's about to collapse? Was the sofa essentially brand new and perfect, or would a replacement be a welcome refresh? If the sofa is more than a few months old, can you show a judge that it was in near-perfect condition?

Now, if I had actually asked the landlord, "I don't want to pay a storage company, where should I put the sofa" and they had said "put it in the garage, it will be fine," that would be different. I suspect you didn't, because if you had I'll bet the landlord would have said "I don't know, I don't know any problems with the garage but I'm not going to promise anything. If you find any problems with the garage let us know."

In your situation I would do one of two things. EIther pat myself on the back for getting the $1,200 and move on, or find out how small claims court works. I agree though that if you feel strongly about it there's no harm in getting the "free initial consultation" most lawyers give.
Yeah, this. You stored a $7,500 couch in a garage. Why did you do that? Because you rented a small place, which presumably saved you money. But it was your choice to store it there, and you should have realized there were risks. Expensive couches are not supposed to be in garages. My garage is basement level, so the driveway slopes down. I have invested money in drainage, but if it is really bad rain, some small amount of water pools. If I were renting my house to someone, and a couch was damaged in the garage, I would merely explain that the garage was not intended to store couches. If I'm allocating fault here, I'd say well above 50% is in the mirror. Take the money and run.
dolphinsaremammals
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Re: Should I Sue?

Post by dolphinsaremammals »

Meg77 wrote:This kind of accident/event is exactly what renters insurance is for; if you feel wronged by anybody it should be them.
I'm not sure renters' insurance covers floods. (Assuming this is considered a flood.) Regular homeowners' insurance does not, that's what flood insurance is for.
Professor Emeritus
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Re: Should I Sue?

Post by Professor Emeritus »

StarbuxInvestor wrote:
Professor Emeritus wrote:
PS241 wrote:I would not sue just for moral reasons and its really not that much money for the hassle and use of emotional energy.. I mean you're basically suing them because it rained. Did you ever check the garage to see if it was a suitable place to store a couch?
Grading away from structures is normally a building code requirement.
e.g.
16.40.080 Grading away from structures.

Positive drainage shall be required around buildings and structures by grading away from the exterior foundation wall at a minimum two percent slope, but in no case shall grading be less restrictive than the recommendations of the geotechnical report submitted for the subdivision. Grading away from the exterior foundation wall at a minimum two percent slope may be permitted on rapidly permeable soils. Sites shall also be graded so as to avoid surface ponding near buildings or structures, or in actively used outdoor spaces.
You are correct and if I own the building I might sue the builder for improper grading but as a renter would there be an implicit guarantee of the grading? Wind can also push water. I would have called my insurance company but it would have never dawned on me to call a lawyer in this instance. I am with PS241. I am wondering if the insurance company said sorry you aren't covered for floods.
In virtually all states compliance with codes is a condition of any housing rental contract.
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sdsailing
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Re: Should I Sue? [couch damaged in garage of rental]

Post by sdsailing »

You're lucky to get the offer of $1,200, for many reasons, most of which have been articulated above.
texasdiver
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Re: Should I Sue? [couch damaged in garage of rental]

Post by texasdiver »

Get an estimate on what it will cost to fix the couch.

If it is less than $1200 just take the $1200 and be happy
If it is more than $1200, bring the estimate to the management company and bargain for the higher amount

At least do that much before you contemplate lawsuits.
2comma
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Re: Should I Sue? [couch damaged in garage of rental]

Post by 2comma »

Agree with Texasdiver. If it comes to bargaining appeal to their sense of business ethics, don't threaten, let them know you just want a fair amount to repair your couch. If still no satisfaction I'd file in small claims court and hope they come up with a suitable amount to avoid the hassle.

I watched several proceeding in general sessions court and what I learned was it's not at all like what you see in the movies and more often than not both parties felt like they didn't "win". Now, if you'll excuse me, I have to go move some furniture...
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Saving$
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Re: Should I Sue? [couch damaged in garage of rental]

Post by Saving$ »

Garages are for cars, not upholstered furniture. They are not airtight, watertight or conditioned, because none of what is supposed to be in a garage needs any of that. It just needs to be generally out of the elements.

To say the rental place needs to meet current code is silly. It could have been built 30 years ago?

Take the $1200 and put garage stuff in the garage.
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TheTimeLord
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Re: Should I Sue?

Post by TheTimeLord »

Professor Emeritus wrote:
StarbuxInvestor wrote:
Professor Emeritus wrote:
PS241 wrote:I would not sue just for moral reasons and its really not that much money for the hassle and use of emotional energy.. I mean you're basically suing them because it rained. Did you ever check the garage to see if it was a suitable place to store a couch?
Grading away from structures is normally a building code requirement.
e.g.
16.40.080 Grading away from structures.

Positive drainage shall be required around buildings and structures by grading away from the exterior foundation wall at a minimum two percent slope, but in no case shall grading be less restrictive than the recommendations of the geotechnical report submitted for the subdivision. Grading away from the exterior foundation wall at a minimum two percent slope may be permitted on rapidly permeable soils. Sites shall also be graded so as to avoid surface ponding near buildings or structures, or in actively used outdoor spaces.
You are correct and if I own the building I might sue the builder for improper grading but as a renter would there be an implicit guarantee of the grading? Wind can also push water. I would have called my insurance company but it would have never dawned on me to call a lawyer in this instance. I am with PS241. I am wondering if the insurance company said sorry you aren't covered for floods.
In virtually all states compliance with codes is a condition of any housing rental contract.
I understand that for things like electrical which is static once installed but for something like grading where there are all sorts of factors constantly effecting it seems unreasonable have to have that checked on a regular basis. Where I live during home inspections inspectors often cite the need for gutter down spouts to take water at least 6 away from the foundation yet you never see that in new construction.
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Professor Emeritus
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Re: Should I Sue?

Post by Professor Emeritus »

StarbuxInvestor wrote:
Professor Emeritus wrote:
StarbuxInvestor wrote:
Professor Emeritus wrote:
PS241 wrote:I would not sue just for moral reasons and its really not that much money for the hassle and use of emotional energy.. I mean you're basically suing them because it rained. Did you ever check the garage to see if it was a suitable place to store a couch?
Grading away from structures is normally a building code requirement.
e.g.
16.40.080 Grading away from structures.

Positive drainage shall be required around buildings and structures by grading away from the exterior foundation wall at a minimum two percent slope, but in no case shall grading be less restrictive than the recommendations of the geotechnical report submitted for the subdivision. Grading away from the exterior foundation wall at a minimum two percent slope may be permitted on rapidly permeable soils. Sites shall also be graded so as to avoid surface ponding near buildings or structures, or in actively used outdoor spaces.
You are correct and if I own the building I might sue the builder for improper grading but as a renter would there be an implicit guarantee of the grading? Wind can also push water. I would have called my insurance company but it would have never dawned on me to call a lawyer in this instance. I am with PS241. I am wondering if the insurance company said sorry you aren't covered for floods.
In virtually all states compliance with codes is a condition of any housing rental contract.
I understand that for things like electrical which is static once installed but for something like grading where there are all sorts of factors constantly effecting it seems unreasonable have to have that checked on a regular basis. Where I live during home inspections inspectors often cite the need for gutter down spouts to take water at least 6 away from the foundation yet you never see that in new construction.
I will follow up on this because bogleheads may be either landlords or tenants.
Obligations to comply with codes are continuous and do not depend on inspections.
California law is typical
Conditions that make a rental unit legally uninhabitable

There are many kinds of defects that could make a rental unit unlivable. The implied warranty of habitability requires landlords to maintain their rental units in a condition fit for the "occupation of human beings. "136 In addition, the rental unit must "substantially comply" with building and housing code standards that materially affect tenants' health and safety.137

A rental unit may be considered uninhabitable (unlivable) if it contains a lead hazard that endangers the occupants or the public, or is a substandard building because, for example, a structural hazard, inadequate sanitation, or a nuisance endangers the health, life, safety, property, or welfare of the occupants or the public.138

A dwelling also may be considered uninhabitable (unlivable) if it substantially lacks any of the following:139

Effective waterproofing and weather protection of roof and exterior walls, including unbroken windows and doors.


http://www.dca.ca.gov/publications/land ... nhabitable

Now there are lots of variations and certainly a lease might try to declare a separate garage uninhabitable. No problem However a space that is integral to the house normally has to be habitable unless agreed otherwise.

No its not an easy case
island
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Re: Should I Sue? [couch damaged in garage of rental]

Post by island »

Take the money and be grateful they offered you anything. A garage is not a suitable place for storing anything upholstered.
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TheTimeLord
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Re: Should I Sue?

Post by TheTimeLord »

Professor Emeritus wrote: I will follow up on this because bogleheads may be either landlords or tenants.
Obligations to comply with codes are continuous and do not depend on inspections.
California law is typical
Conditions that make a rental unit legally uninhabitable

There are many kinds of defects that could make a rental unit unlivable. The implied warranty of habitability requires landlords to maintain their rental units in a condition fit for the "occupation of human beings. "136 In addition, the rental unit must "substantially comply" with building and housing code standards that materially affect tenants' health and safety.137

A rental unit may be considered uninhabitable (unlivable) if it contains a lead hazard that endangers the occupants or the public, or is a substandard building because, for example, a structural hazard, inadequate sanitation, or a nuisance endangers the health, life, safety, property, or welfare of the occupants or the public.138

A dwelling also may be considered uninhabitable (unlivable) if it substantially lacks any of the following:139

Effective waterproofing and weather protection of roof and exterior walls, including unbroken windows and doors.


http://www.dca.ca.gov/publications/land ... nhabitable

Now there are lots of variations and certainly a lease might try to declare a separate garage uninhabitable. No problem However a space that is integral to the house normally has to be habitable unless agreed otherwise.

No its not an easy case
As a follow up and for my information it would seem to me that a garage would almost by definition be considered as non-inhabitable space because it would almost certainly not meet the codes to be habitable. That said I live in a state that has a very different regulatory environment than California.
IMHO, Investing should be about living the life you want, not avoiding the life you fear. | Run, You Clever Boy! [9085]
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Wildebeest
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Re: Should I Sue?

Post by Wildebeest »

Professor Emeritus wrote: I will follow up on this because bogleheads may be either landlords or tenants.
Obligations to comply with codes are continuous and do not depend on inspections.
California law is typical
Conditions that make a rental unit legally uninhabitable

There are many kinds of defects that could make a rental unit unlivable. The implied warranty of habitability requires landlords to maintain their rental units in a condition fit for the "occupation of human beings. "136 In addition, the rental unit must "substantially comply" with building and housing code standards that materially affect tenants' health and safety.137

A rental unit may be considered uninhabitable (unlivable) if it contains a lead hazard that endangers the occupants or the public, or is a substandard building because, for example, a structural hazard, inadequate sanitation, or a nuisance endangers the health, life, safety, property, or welfare of the occupants or the public.138

A dwelling also may be considered uninhabitable (unlivable) if it substantially lacks any of the following:139

Effective waterproofing and weather protection of roof and exterior walls, including unbroken windows and doors.


http://www.dca.ca.gov/publications/land ... nhabitable

Now there are lots of variations and certainly a lease might try to declare a separate garage uninhabitable. No problem However a space that is integral to the house normally has to be habitable unless agreed otherwise.

No its not an easy case
I would like to congratulate Professor Emeritus on providing joy. Especially his last line is priceless “No its not an easy case”.

I was not going read this thread because a law suit over a couch would not be in the least entertaining. How wrong I was.

I am amazed that the company offered $ 1200 to settle. The exchange from the OP must have been long and heated or there was a very emphatic employee there, who may have been summarily dismissed.

If the OP feels dissed, a law suit is in order. IMHO there were will be no winners except for the lawyers.
The Golden Rule: One should treat others as one would like others to treat oneself.
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karpems
Posts: 158
Joined: Wed Nov 13, 2013 7:35 am

Re: Should I Sue? [couch damaged in garage of rental]

Post by karpems »

Thanks for all the replies.

This was a tough issue for us. We had the couch in the garage for only a very small amount of time waiting for our storage unit to open.

The reason we feel the apartment was at fault was the fact that every time it rains it floods so there is a construction issue. If a pipe had burst or a toilet leaked that would be one thing, but this is water that comes in under the garage door due to poor grading right in front of the door.

The purchase price 18 months ago was $7500. It is leather and unable to re reupholstered.

I think we do not want the hassle of a lawsuit. We are going to settle and move on. Thanks for all the advice!
retiredjg
Posts: 42828
Joined: Thu Jan 10, 2008 12:56 pm

Re: Should I Sue? [couch damaged in garage of rental]

Post by retiredjg »

Maybe saddle soap would reduce the water stains....?
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