Legal Question in Real Estate Law in West Virginia

Personal property damage in a rental apartment

A few weeks after my lease was over(however my landlord accepted my rent payment for the next month), I left for a convention for a few days. When I came home, my place had been flooded by a toilet in the upstairs apartment. Water had come down the walls and flooded my bathroom, office, and kitchen. Prior to this incident, the bathroom had flooded twice. On one occassion, the landlord deducted the damages from my rent. However, the flood in question created much more damage (approximately $550). The apartment was uninhabitable and I had to move out. I want to take him to small claims court. Do I have a case? Thank you in advance for your early response to my request.


Asked on 10/09/98, 12:13 pm

1 Answer from Attorneys

Alan Pransky Law Office of Alan J. Pransky

Personal property damage in a rental apartment

The landlord is responsible for the condition of the apartment unless the problem is caused by you.

You can sue for the damages.

Alan Pransky

Law Office of Alan J. Pransky

20 Eastbrook Road


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Answered on 1/02/99, 10:18 pm


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