by nicc_bc » Fri May 06, 2011 04:14 am
Dear Mr./Mrs,
I'm renting my condo. A severe dishwasher leak in the upstairs unit caused mold and damage to my unit, which became unlivable because a wall and the ceiling were tore open and the floor was soaked. My tenants had to reallocate.
I only have extended liability insurance on the condo from my house elsewhere. (NOT experienced.) In this case, can I claim my rental income loss, reallocation fee (staying in a hotel) of my tenants and moving out expenses against the insurance of the upstair unit? If they refuse to pay, could I sue them for all the losses?
Thanks a lot.
Sincerely,
Laura
I'm renting my condo. A severe dishwasher leak in the upstairs unit caused mold and damage to my unit, which became unlivable because a wall and the ceiling were tore open and the floor was soaked. My tenants had to reallocate.
I only have extended liability insurance on the condo from my house elsewhere. (NOT experienced.) In this case, can I claim my rental income loss, reallocation fee (staying in a hotel) of my tenants and moving out expenses against the insurance of the upstair unit? If they refuse to pay, could I sue them for all the losses?
Thanks a lot.
Sincerely,
Laura
Posted: Fri May 06, 2011 05:32 am Post Subject:
This is a civil tort, and you can ask for whatever you want. It will be up to the insurance company to make an offer on behalf of their insured, and you can either accept or reject that offer, and try for more in court.
Unfortunately, the relocation/moving expenses of your tenant is not your loss, unless you actually paid it for them. Loss of rental income is your only other "damage" in addition to the actual physical damage to your property.
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