Legal Question in Landlord & Tenant Law in Missouri

Tenant rights when property is flooded.
I have rented a house with a lease for over a year now. Recently, my garage flooded due to excessive rain and I lost quite a bit of stuff. My landlord brought over a dehumidifier and told me that the house had flooded 7 years ago but he was told it was a 100 year occurence because the city's storm drains were clogged and would likely never happen again. One week after my garage flooded, the entire house flooded. My landlord rented a truck and I rounded up friends to help me move out that night. The landlord provided temporary housing and said it will probably take two weeks to get the house liveable again. I informed him that I didn't want to live there anymore and he understood and said he would break the lease. Now, I have to find a new place to live and have lost a lot of property. I have renter's insurance but it doesn't cover floods and he did not have flood coverage in his homeowner's insurance. I feel like he is responsible for helping me move and reimbursing me for damages. I never would have moved into the house if I had known flooding was possible. Neighbors say it has happened several times before. Can I sue my landlord or just cut my loses?

Asked on 6/19/08, 3:45 pm

Anthony DeWitt Bartimus, Frickleton Robertson & Gorny, PC

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Re: Tenant rights when property is flooded.

I would cut my losses if I were you. I doubt if you would have a fraud claim against him because he disclosed the prior flood.

Sorry for your losses.

Answered on 6/19/08, 3:57 pm

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