Legal Question in Landlord & Tenant Law in West Virginia

flooding

I rented a barber shop in vienna,wv .I found out later it had a reacurring flooding problem when it rained.The run off from the street would come in the building within 20-45 min. during a shower and cover the front entrance and parking lot to a debth of 1-2 feet.This would close me for the duration.This happened 33 times in 1 year.I moved in durning a drought and was not aware of the problem for more than a year.I found out later this building has a hisory of flooding.I spent a conciderable amount of time and effort moving there and had no where else to go.I have prof the landlord new in advance of the problem and withheld the imformation.Since he had just remodled recently and it had not been rented in years I had no previous tenant to contact.The problem was not on the deed either.I lost thousands of dollars and eventually my buisness while he refused to discuss the problem or even pay for cleanup.this was another burden .Some days I was closed just for cleanup.I was informed by the renavaters they were aware of the problem.They lost days there because of water,forwarded the imfomation and how to fix it and were told not to worry about it.This is a small town and he is very well connected and could not get help from the city.


Asked on 9/28/05, 1:55 pm

2 Answers from Attorneys

H.M. Torrey The Law Offices of H.M. Torrey

Re: flooding

we certainly empathize with what you have endured to date from your fact pattern presented. if you have a specific legal question on how we can be of specific assistance, feel free to contact us directly with that information today.

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Answered on 9/28/05, 2:35 pm
David Anderson Anderson Business Law LLC

Re: flooding

I would wish to review your lease and perhaps call other tenants in the area if any. Otherwise you will need to provide me the written proof that the landlord knew of the flooding before you moved in.

You may have an action for damages or rescission.

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Answered on 9/28/05, 5:22 pm


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