What Do I Do if My Rental Ceiling Collapses?

You should speak with a ceiling collapse rental attorney as soon as you can after the ceiling collapse occurs. The statute of limitations varies depending on local and state laws. Consulting with a lawyer as soon as the event happens can help you determine what steps to take. Depending on who is at fault, you may be offered a settlement by the property managers or insurance companies. You will want an attorney to assist you in exploring your options and possibly negotiating a better offer. 

You also have to consider the rental agreement you have signed with your landlord. You may be in breach of contract if you withhold rent after the ceiling collapse, even if the damage has not been fixed and you have not been compensated. You do not want to hurt your case by refusing to pay rent. An attorney can guide you through your legal options and responsibilities. 

The short answer is yes. You may not be sure who is responsible for the damage. It may not be the fault of the landlord, so it can be confusing sometimes. If you alerted your landlord to water spots, and they hired a contractor to diagnose and fix the problem but failed to do so or made the structure unsafe, the contractor may be liable for the damages. It can also be challenging to determine the actual costs of the ceiling collapse in a rental, especially if you or your loved ones are injured. Lost wages, medical expenses, and pain and suffering are all items that you should consider in your claim. These factors are best determined by an experienced lawyer who can help you get the damages you deserve.

This depends on your rental agreement and local and state landlord/tenant laws. There might be provisions in the rental contract that allow you to withhold rent if the property is uninhabitable. There are almost certainly landlord/tenant laws that allow the withholding of rent, but it’s essential to speak with a lawyer first since the rules change depending on what city and state you reside in. You do not want to sue your landlord for damages and then be countersued for non-payment of rent. 

Consulting with an attorney is the best way to determine all the damages you can recover. Understanding your rights to compensation can be overwhelming and hard to understand. However, in general, you should be able to claim damages such as:

• Medical expenses: Any emergency transportation to the hospital, surgery, hospitalization, medical equipment, and medications that result from the ceiling collapse may be recoverable.
• Rehabilitation costs: Suffering a severe injury from the ceiling collapse may require ongoing rehabilitation and medical treatment that can last for months or years after the incident.
• Permanent injuries: If you or your loved one suffers permanent injury or disability, you may be compensated for those injuries.  
• Lost income: Not only will you lose time at work due to your recovery from any injuries from the ceiling collapse itself, but you may also be unable to work in the future or only be able to work in a limited capacity. Therefore, you may be entitled to lost income compensation.
• Temporary housing costs: Since the property will be unsafe to inhabit, you will have to live somewhere else while repairs are being made. This is another cost that you will likely want to recover and may be entitled to. 
• Pain and suffering: This is quite subjective and best assessed by your attorney, but it’s certainly possible that you will be entitled to these types of damages. It will also depend on which state you reside in.

Most personal injury attorneys will work with you on a contingent fee basis. This means your lawyer will receive a percentage of what you are awarded in court, often about 30 to 40 percent of your total settlement or award at trial. However, you should discuss this during your initial consultation before you sign a contract and agree to hire a ceiling collapse rental attorney. Some other fees to consider include court filings and requests for medical records. These expenses can add up, and you may be presented with a bill that is several thousand dollars or more.

Knowing exactly what fees and expenses your attorney will charge you is important to know as soon as possible. A good ceiling collapse lawyer should explain exactly how these fees will be expected to be paid and they will then give you an approximate cost of how much everything will amount to.

If the ceiling has collapsed in your rental property, and the damage is significant and people have been injured, you need an experienced attorney to discuss your legal options. Even in a minor collapse proper legal advice can save you money and clear up any confusion you may have about what to do. Knowing and understanding all of your options is essential before taking any settlements from your landlord or insurance company. Getting proper medical care if you or a loved one is injured is your first step if your ceiling collapses. Contacting an attorney is your second step. The attorneys at Morgan & Morgan have decades of experience with clients who have suffered at the hands of negligent landlords and contractors. If you have been injured or suffered property damage because of a ceiling collapse in a rental, contact us as soon as possible for a free initial consultation.