State Specific Question About: ILLINOIS (IL)

Sounds like you should have read your renter's policy more carefully and what they excluded.

Does your lease say anything about basement storage?

Sounds like if you have nothing specific in writing then it would be hard to prove who said what because the landlord will have a different version of what was said.

The landlord isn't typically responsible for your personal belongings and that is why they wanted to confirm you had renter's insurance. Sounds like your beef should really be with the insurance company.

I may get some of your questions out of order.

If moving now would be inconvenient I would just sit tight and move when your lease is up.

Who is saying there is a history of flooding. I was told about a flood, and when I saw it with my own two eyes it was a puddle from a dehumidifier. Similar "flood" stories have happened.

Me, I've lived through a flood where the water was 18" deep in the basement.

Most all basements have cracks. Are you certain the water enters through the cracks? I'm only asking this because if you want to stay, I'm wondering if you can see where the water enters and just stay clear of that area.

Is it worth going to court? If you are angry, no. If you really need money back for some damages, perhaps. People never win in court only in the movies.

If I were to take a guess, not based on any facts, I would guess that this landlord doesn't have a lot, meaning the money you give them goes straight to the bills the house has. Again, that is just a guess.

Insurance coverage is required with most leases. The idea behind it is that the house has a fire policy which does not cover any belongings, much different than a regular home owners policy. Renter's insurance is normally a bargain, low priced product.

Insurance companies are evil. Health insurance, Auto insurance, Home insurance. They will short change you and give you excuses. Speak with them again, if you had insurance then demand they honor your policy.

Can you prove in writing it was advertised as livable space?

Will the renters insurance give you something in writing saying the claim was denied because of previous claims and cracks in the foundation?

Same here as I’ve heard about my rentals having issues from my tenants and they heard it “from the neighbors “. I just laugh and say, “well it’s kind of funny since they don’t know me OR the property”. Typically whatever it is that they are complaining about the “entire neighborhood “ now knows all of the details yet when I see them and say anything to them (the actual neighbors that live right next door) they don’t even know who lives at the apartment half the time.

It will be hard to prove that the landlord is or was lying and I’m sure that the insurance company is pulling your leg because you are allowing them to.

The chances are excellent that your insurance company is telling you the truth about previous claims.. Whenever a claim is made on a property it is entered into a central database that most insurance companies contribute to. It is called a CLUE Report ( Comprehensive Loss Underwriting Exchange). There are also CLUE Reports on individuals sort of like a credit report but based on insurance claims

Something sounds fishy here. ALthough there may be a CLUE report on the property, the renter's insurance company supposedly sold "Trisha" a policy and accepted her premium payment, but now is refusing to pay a claim?

I'd complain to the state bureau of insurance.

It would be nice to know what the state of the basement was prior to the flood. Was it finished? Bare cement? Was there stains on the walls or smells that indicated previous flooding? Who are the "people who are familiar with the property" and how would they know about the status of the basement of this property? Inquiring minds want to know?

Trisha,

1. Ins companies always deny until you push. Gotta keep trying.

2. Your personal property is not the LL’s problem.

3. Talk to yout LL about leaving. Unfortunately some LLs are not honest.

When I rent a house or apartment to someone,I give them explicit instructions no going into basement.just because of a problem with moisture,In this area very little water in basement,just moisture.common sense usually kicks in,no matter what part of country you're in,after all,this is North America.Charlie............................Lakes Huron Ontario Michigan Eyre and Superior,there's bound to be a certain amount of moisture,don't you think?.......

I'm confused that your insurance sold you a policy knowing there had been flooding in the past? One of the things they do before selling a policy is check on the property.

Is it possible you bought Renter's Insurance that did NOT cover flooding? Yes, because Flood Insurance is extra and optional.

The basement was advertised as "livable" space??? Did it have egress windows? Another way to get out beside the door? Or was it just "usable" space (storage?)

Who is the "someone" who knows the house's history?

I think that the insurance company that sold her renters insurance had 2 responsibilities::

1) to tell her that the property had a history of flooding claims and that she would not be covered in the event of a flood

2)or to recommend that she would need flood insurance assuming that the property was eligible

Having said that, taking her statement at face value, the insurance company is not saying she is not covered for the damage due to any limitation of her coverage i.e flooding. They are denying the claim based upon previous claims on the property. Two very different issues.

after this:

I don't necessarily want to move right now, but I also don't want to continue giving my money to a dishonest landlord

What do you actually want? To move out? Stay rent free? Do you want the LL to pay damages then continue with the rental?

One thing to think about: if your "solution" is to sue your landlord, anyone who checks the court records will be able to see this. To me, that is a huge red flag.

Keep pressuring your insurance company. If they refuse to help you, there are people called "public adjusters" that will negotiate with the insurance company on your behalf. They're pretty effective. Move the rest of your stuff out of the basement, and when your lease is up find a better place to stay. Sorry for your bad experience. It happens.