Water Damage in Rental Apartment? Free Advice!

Questioner

Recently I have had water damage in my apartment. This was caused by a burst pipe in an empty apartment next to mine, which eventually caused a lot of water to end up in my apartment (via the walls). My laminate flooring is quite damaged. This is a floor that I rent with my apartment. I was under the impression that this would be reimbursed by the housing corporation (since I rent it). Now they refer me to my home contents insurance. The big problem is that I don't have this (only I haven't reported this to my housing corporation yet, at the moment I indicate that they refer me back to them). My fear now lies in the following: that I have to pay for the costs of repairing/restoring my floor myself. I would like to get advice on how to best handle this situation and what my rights/options are, for example. Given the speed at which they are handling this urgent case (first response only a week and a half after the incident), I do not have much confidence that they will really help me/try to help me. Below is also the passage that is included in my lease agreement regarding my floor. Thank you very much in advance for your response. -- Article 23 - Options 23.1 The house is equipped with a laminate floor. For this facility (the purchase and the laying the floor) applies in addition to the regular rent and the advance service costs, fixed monthly contribution of € 35.00. This contribution will be used for the entire duration of the lease agreement is part of the tenant's total payment obligation. The maintenance of the floor and its use must be carried out by the tenant in an expert and careful manner. The tenant must also ensure that the floor falls within the scope and coverage of his home contents insurance. Upon termination of the lease agreement, the floor will be left in good condition in the rented property. Tenant is aware of this and unconditionally agrees with the provisions of this article. --

Lawyer

In principle, the contents insurance should be used for such damage. If you do not have this, the housing corporation should compensate you for your damage, as they are the owners of the apartment complex. You can send the corporation written notice of default to repair the damage, failing which you will have the repair carried out at their expense. If you cannot reach an agreement, I would be happy to look at your case.

Questioner

Thanks for the response. To what extent can they still blame me in the above matter, since I signed a contract that actually states that I should/must have a home contents insurance. I am a little afraid that if I hold the housing corporation responsible for the damage, they will refer back to my contract, which states that I should have taken out home contents insurance. In this way, the costs would still be at my own expense.

Lawyer

If home contents insurance is a strict requirement in the event of damage, then the repair may well be at your own expense. However, this requirement must be reasonable and fair and under certain circumstances it cannot be required of you to take out home contents insurance. Especially not now that a monthly amount must be paid for maintenance of the floor. I advise you to hold the landlord liable anyway. If he still refuses, please contact me for assistance.